IMPORTANT: Please read the terms and conditions of product application set out below carefully prior to download, installation, copy or use. THROUGH DOWNLOADING, INSTALLING, COPYING OR USING THE SOFTWARE YOU ARE EXPRESSING YOUR CONSENT TO THESE TERMS AND CONDITIONS.
Software End-User License Agreement.
Under the terms of this Software End-User License Agreement (hereinafter referred to as "the Agreement") executed by and between ESET, spol. s r. o., having its registered office at Einsteinova 24, 851 01 Bratislava, Slovak Republic, registered in the Commercial Register administered by Bratislava I District Court, Section Sro, Entry No 3586/B, Business Registration Number: 31 333 535 or another company from the ESET Group (hereinafter referred to as "ESET" or "the Provider") and you, a physical person or legal entity (hereinafter referred to as "You" or "the End User"), You are entitled to use the Software defined in Article 1 of this Agreement. The Software defined in Article 1 of this Agreement can be stored on a data carrier, sent via electronic mail, downloaded from the Internet, downloaded from the Provider's servers or obtained from other sources, subject to the terms and conditions specified below.
THIS IS AN AGREEMENT ON END-USER RIGHTS AND NOT AN AGREEMENT FOR SALE. The Provider continues to own the copy of the Software and the physical media contained in the sales package and any other copies that the End User is authorized to make pursuant to this Agreement.
By clicking on "I Accept" while installing, downloading, copying or using the Software, You agree to the terms and conditions of this Agreement. If You do not agree to all of the terms and conditions of this Agreement, immediately click on the option "I Do Not Accept", cancel the installation or download, or destroy or return the Software, installation media, accompanying documentation and sales receipt to the Provider or the outlet from which You acquired the Software.
YOU AGREE THAT YOUR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
1. Software. As used in this Agreement the term "Software" means: (i) the ESET Smart Security PREMIUM 10 computer program and all components thereof; (ii) all the contents of the disks, CD-ROMs, DVDs, e-mails and any attachments, or other media with which this Agreement is provided, including the object code form of the Software supplied on a data carrier, via electronic mail or downloaded via the Internet; (iii) any related explanatory written materials and any other possible documentation related to the Software, above all any description of the Software, its specifications, any description of the Software properties or operation, any description of the operating environment in which the Software is used, instructions for use or installation of the Software or any description of how to use the Software (hereinafter referred to as "Documentation"); (iv) copies of the Software, patches for possible errors in the Software, additions to the Software, extensions to the Software, modified versions of the Software and updates of Software components, if any, licensed to You by the Provider pursuant to Article 3 of this Agreement. The Software shall be provided exclusively in the form of executable object code.
2. Installation. Software supplied on a data carrier, sent via electronic mail, downloaded from the Internet, downloaded from the Provider's servers or obtained from other sources requires installation. You must install the Software on a correctly configured computer, complying at least with requirements set out in the Documentation. The installation methodology is described in the Documentation. No computer programs or hardware which could have an adverse effect on the Software may be installed on the computer on which You install the Software.
3. License. Subject to the condition that You have agreed to the terms of this Agreement and You comply with all the terms and conditions stipulated herein, the Provider shall grant You the following rights ("the License"):
a) Installation and use. You shall have the non-exclusive, non-transferable right to install the Software on the hard disk of a computer or other permanent medium for data storage, installation and storage of the Software in the memory of a computer system and to implement, store and display the Software.
b) Stipulation of the number of licenses. The right to use the Software shall be bound by the number of End Users. One End User shall be taken to refer to the following: (i) installation of the Software on one computer system; or (ii) if the extent of a license is bound to the number of mail boxes, then one End User shall be taken to refer to a computer user who accepts electronic mail via a Mail User Agent (hereinafter referred to as "an MUA"). If an MUA accepts electronic mail and subsequently distributes it automatically to several users, then the number of End Users shall be determined according to the actual number of users for whom the electronic mail is distributed. If a mail server performs the function of a mail gate, the number of End Users shall equal the number of mail server users for which the said gate provides services. If an unspecified number of electronic mail addresses are directed to and accepted by one user (e.g., through aliases) and messages are not automatically distributed by the client to a larger number of users, a License for one computer shall be required. You must not use the same License at the same time on more than one computer.
c) Business Edition. A Business Edition version of the Software must be obtained to use the Software on mail servers, mail relays, mail gateways or Internet gateways.
d) Term of the License. Your right to use the Software shall be time-limited.
e) OEM Software. OEM Software shall be limited to the computer You obtained it with. It cannot be transferred to a different computer.
f) NFR, TRIAL Software. Software classified as "Not-for-resale", NFR or TRIAL cannot be assigned for payment and must only be used for demonstration or testing the Software's features.
g) Termination of the License. The License shall terminate automatically at the end of the period for which granted. If You fail to comply with any of the provisions of this Agreement, the Provider shall be entitled to withdraw from the Agreement, without prejudice to any entitlement or legal remedy open to the Provider in such eventualities. In the event of cancellation of the License, You must immediately delete, destroy or return at your own cost, the Software and all backup copies to ESET or to the outlet from which You obtained the Software. Upon termination of the License, the Provider shall be also entitled to cancel the End User's entitlement to use the functions of the Software, which require connection to the Provider's servers or third-party servers.
4. Connection to the Internet. To operate correctly the Software requires connection to the Internet and must connect at regular intervals to the Provider's servers or third-party servers. Connection to the Internet is necessary for the following functions of the Software:
a) Updates to the Software. The Provider shall be entitled from time to issue updates to the Software ("Updates"), but shall not be obliged to provide Updates. This function is enabled under the Software's standard settings and Updates are therefore installed automatically, unless the End User has disabled automatic installation of Updates.
b) Forwarding of infiltrations and information to the Provider. The Software contains functions which collect samples of computer viruses and other malicious computer programs and suspicious, problematic, potentially unwanted or potentially unsafe objects such as files, URLs, IP packets and ethernet frames (hereinafter referred to as "Infiltrations") and then send them to the Provider, including but not limited to information about the installation process, the computer and/or the platform on which the Software is installed, information about the operations and functionality of the Software and information about devices in local network such as type, vendor, model and/or name of device (hereinafter referred to as "Information"). The Information and Infiltrations may contain data (including randomly or accidentally obtained personal data) about the End User or other users of the computer on which the Software is installed, and files affected by Infiltrations with associated metadata.
Information and Infiltrations may be collected by following functions of Software:
i. LiveGrid Reputation System function includes collection and sending of one-way hashes related to Infiltrations to Provider. This function is enabled under the Software's standard settings.
ii. LiveGrid Feedback System function includes collection and sending of Infiltrations with associated metadata and Information to Provider. This function is activated by End User during the process of installation of the Software.
The Provider shall only use Information and Infiltrations received for analysis and research of Infiltrations, improvement of Software and Licence authenticity verification and shall take appropriate measures to ensure that Infiltrations and Information received remain secure. By activating this function of the Software You are agreeing to Infiltrations and Information being sent to the Provider and You are also granting the Provider the necessary approval, as specified under the relevant legal regulations, for processing Infiltrations and Information obtained. You can deactivate these functions at any time.
c) Protection Against Misuse of Data. The Software contains a function that prevents loss or misuse of critical data in direct connection with theft of a computer. This function is switched off under the default settings of the Software and an MEC Account under special Terms of Usage available on https://my.eset.com needs to be created for it to be activated, through which the function activates data collection in the event of computer theft. If you activate this function of the Software, you agree to data about the stolen computer being sent to the Provider, which can include data about the computer's network location, data about the content displayed on the computer screen, data about the configuration of the computer or data recorded by a camera connected to the computer (hereinafter referred to as "Data"). The End User shall be entitled to use Data obtained in this way exclusively for rectifying an adverse situation caused by theft of a computer and also grants the Provider the necessary approval, as specified under the relevant legal regulations, for processing Data. The Provider shall allow End User to store the Data on its technical equipment for the period required to achieve the purpose for which the data was obtained. You can deactivate this function at any time. Protection against misuse of data shall be used exclusively with computers and accounts End User have legitimate access to. Any illegal use will be reported to competent authority. Provider will comply with relevant laws and assist law enforcement authorities in case of the misuse. You agree and acknowledge that You are responsible for safeguarding the password to access MEC Account and you agree that You shall not disclose your password to any third party. End User is responsible for any activity using Protection Against Misuse of Data function and MEC Account, authorized or not. If MEC Account is compromised, notify Provider immediately.
d) Filtering, categorization and location. The Software contains functions which allow End User to control access of managed users to certain group of web pages and/or mobile applications, time management and location finding. In order to enable these features it sends information to the Provider, including but not limited to information on visited websites, locations, mobile applications, information about the computer, including information about the operations and functionality of the Software (hereinafter referred to as "Data"). The Data may contain information (including randomly or accidentally obtained personal data) about the End User or other managed users, information about the computer, the operating system and applications installed, files from the computer on which the Software is installed. The Provider shall take appropriate measures to ensure that Data received remains confidential. You are agreeing to Data being sent to the Provider and You are also granting the Provider the necessary approval, as specified under the relevant legal regulations, for processing Data obtained. These features shall be used exclusively with devices of managed users End User have legitimate access to. Any illegal use will be reported to competent authority. Provider will comply with relevant laws and assist law enforcement authorities in case of the misuse. You agree and acknowledge that You are responsible for safeguarding the password to access MEC Account and you agree that You shall not disclose your password to any third party. End User is responsible for any activity using the features of Software and MEC Account, authorized or not. If MEC Account is compromised, notify Provider immediately. You agree and acknowledge that provider is allowed to contact you via MEC Account and Software messages including but not limited to email with reports and/or notification which can be customized by You.
5. Exercising End User rights. You must exercise End User rights in person or via your employees. You are only entitled to use the Software to safeguard your operations and protect those computer systems for which You have obtained a License.
6. Restrictions to rights. You may not copy, distribute, extract components or make derivative works of the Software. When using the Software You are required to comply with the following restrictions:
(a) You may make one copy of the Software on a permanent storage medium as an archival back-up copy, provided your archival back-up copy is not installed or used on any computer. Any other copies You make of the Software shall constitute breach of this Agreement.
(b) You may not use, modify, translate or reproduce the Software or transfer rights to use the Software or copies of the Software in any manner other than as provided for in this Agreement.
(c) You may not sell, sub-license, lease or rent or borrow the Software or use the Software for the provision of commercial services.
(d) You may not reverse engineer, reverse compile or disassemble the Software or otherwise attempt to discover the source code of the Software, except to the extent that this restriction is expressly prohibited by law.
(e) You agree that You will only use the Software in a manner that complies with all applicable laws in the jurisdiction in which You use the Software, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.
(f) You agree that You will only use the Software and its functions in a way which does not limit the possibilities of other End Users to access these services. The Provider reserves the right to limit the scope of services provided to individual End Users, to enable use of the services by the highest possible number of End Users. Limiting the scope of services shall also mean complete termination of the possibility to use any of the functions of the Software and deletion of Data and information on the Provider's servers or third-party servers relating to a specific function of the Software.
7. Copyright. The Software and all rights, without limitation including proprietary rights and intellectual property rights thereto are owned by ESET and/or its licensors. They are protected by international treaty provisions and by all other applicable national laws of the country in which the Software is being used. The structure, organization and code of the Software are the valuable trade secrets and confidential information of ESET and/or its licensors. You must not copy the Software, except as set forth in Article 6(a). Any copies which You are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on the Software. If You reverse engineer, reverse compile, disassemble or otherwise attempt to discover the source code of the Software, in breach of the provisions of this Agreement, You hereby agree that any information thereby obtained shall automatically and irrevocably be deemed to be transferred to and owned by the Provider in full, from the moment such information comes into being, notwithstanding the Provider's rights in relation to breach of this Agreement.
8. Reservation of rights. The Provider hereby reserves all rights to the Software, with the exception of rights expressly granted under the terms of this Agreement to You as the End User of the Software.
9. Multiple language versions, dual media software, multiple copies. In the event that the Software supports multiple platforms or languages, or if You receive multiple copies of the Software, You may only use the Software for the number of computer systems and for the versions for which You obtained a License. You may not sell, rent, lease, sub-license, lend or transfer versions or copies of the Software which You do not use.
10. Commencement and termination of the Agreement. This Agreement shall be effective from the date You agree to the terms of this Agreement. You may terminate this Agreement at any time by permanently uninstalling, destroying and returning, at your own cost, the Software, all back-up copies and all related materials provided by the Provider or its business partners. Irrespective of the manner of termination of this Agreement, the provisions of Articles 7, 8, 11, 13, 20 and 22 shall continue to apply for an unlimited time.
11. END USER DECLARATIONS. AS THE END USER YOU ACKNOWLEDGE THAT THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NEITHER THE PROVIDER, ITS LICENSORS OR AFFILIATES, NOR THE COPYRIGHT HOLDERS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. THERE IS NO WARRANTY BY THE PROVIDER OR BY ANY OTHER PARTY THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM IT.
12. No other obligations. This Agreement creates no obligations on the part of the Provider and its licensors other than as specifically set forth herein.
13. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PROVIDER, ITS EMPLOYEES OR LICENSORS BE LIABLE FOR ANY LOST PROFITS, REVENUE, SALES, DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION OF BUSINESS, LOSS OF BUSINESS INFORMATION OR FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, COVER, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR OTHER THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF THE PROVIDER OR ITS LICENSORS OR AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY, BUT MAY ALLOW LIABILITY TO BE LIMITED, IN SUCH CASES, THE LIABILITY OF THE PROVIDER, ITS EMPLOYEES OR LICENSORS OR AFFILIATES SHALL BE LIMITED TO THE SUM THAT YOU PAID FOR THE LICENSE.
14. Nothing contained in this Agreement shall prejudice the statutory rights of any party dealing as a consumer if running contrary thereto.
15. Technical support. ESET or third parties commissioned by ESET shall provide technical support at their own discretion, without any guarantees or declarations. The End User shall be required to back up all existing data, software and program facilities prior to the provision of technical support. ESET and/or third parties commissioned by ESET cannot accept liability for damage or loss of data, property, software or hardware or loss of profits due to the provision of technical support. ESET and/or third parties commissioned by ESET reserve the right to decide that resolving the problem is beyond the scope of technical support. ESET reserves the right to refuse, suspend or terminate the provision of technical support at its own discretion.
16. Transfer of the License. The Software can be transferred from one computer system to another, unless contrary to the terms of the Agreement. If not contrary to the terms of the Agreement, the End User shall only be entitled to permanently transfer the License and all rights ensuing from this Agreement to another End User with the Provider's consent, subject to the condition that (i) the original End User does not retain any copies of the Software; (ii) the transfer of rights must be direct, i.e. from the original End User to the new End User; (iii) the new End User must assume all the rights and obligations incumbent on the original End User under the terms of this Agreement; (iv) the original End User has to provide the new End User with documentation enabling verification of the genuineness of the Software as specified under Article 17.
17. Verification of the genuineness of the Software. The End User may demonstrate entitlement to use the Software in one of the following ways: (i) through a license certificate issued by the Provider or a third party appointed by the Provider; (ii) through a written license agreement, if such an agreement was concluded; (iii) through the submission of an e-mail sent by the Provider containing licensing details (user name and password).
18. Data regarding the End User and protection of rights. As the End User, You hereby authorize the Provider to transfer, process and store data enabling the Provider to identify You. You hereby agree to the Provider using its own means to check whether You are using the Software in accordance with the provisions of this Agreement. You hereby issue your agreement to data being transferred, during communication between the Software and the Provider's computer systems or those of its business partners, the purpose of which is to ensure functionality of and authorization to use the Software and protection of the Provider's rights. Following conclusion of this Agreement, the Provider or any of its business partners shall be entitled to transfer, process and store essential data identifying You for billing purposes, performance of this Agreement and transmitting notifications and/or messages on your computer. You hereby agree to receive notification and messages including but not limited to marketing information.You can deactivate transmitting at any time. Details about privacy and personal data protection can be found on http://www.eset.com/privacy.
19. Licensing for public authorities and the US Government. The Software shall be provided to public authorities, including the United States Government, with the license rights and restrictions described in this Agreement.
20. Export and re-export control. The Software, the Documentation or components thereof, including information about the Software and components thereof, shall be subject to import and export controls under legal regulations which may be issued by governments responsible for issue thereof under applicable law, including US Export Administration Regulations, and end-user, end-use and destination restrictions issued by the US Government and other governments. You agree to comply strictly with all applicable import and export regulations and acknowledge that You have the responsibility to obtain all licenses required to export, re-export, transfer or import the Software.
21. Notices. All notices and return of the Software and Documentation must be delivered to: ESET, spol. s r. o., Einsteinova 24, 851 01 Bratislava, Slovak Republic.
22. Applicable law. This Agreement shall be governed by and construed in accordance with the laws of the Slovak Republic. The End User and the Provider hereby agree that the principles of the conflict of laws and the United Nations Convention on Contracts for the International Sale of Goods shall not apply. You expressly agree that any disputes or claims ensuing from this Agreement with respect to the Provider or any disputes or claims relating to use of the Software shall be settled by Bratislava I District Court and You expressly agree to the said court exercising jurisdiction.
23. General provisions. Should any of the provisions of this Agreement be invalid or unenforceable, this shall not affect the validity of the other provisions of the Agreement, which shall remain valid and enforceable in accordance with the conditions stipulated therein. This Agreement may only be modified in written form, signed by an authorized representative of the Provider or a person expressly authorized to act in this capacity under the terms of a power of attorney.
This is the entire Agreement between the Provider and You relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.
ADDENDUM NO.1 TO END-USER LICENSE AGREEMENT ON ESET SECURE DATA
1.1 In this agreement the following words have the corresponding meanings:
"Information" any information or data encrypted or decrypted using the software;
"Products" the ESET Secure Data software and the documentation;
"ESET Secure Data" the software(s) used for the encryption and decryption of electronic data;
1.2 All references to the plural shall include the singular and all references to the masculine shall include the feminine and neuter and vice versa.
2. GRANT OF LICENCE AND PROVIDER OBLIGATIONS
In consideration of you agreeing and adhering to the terms of this agreement, and paying for a licence, Provider grants you a non-exclusive, non-transferable right to install and use the software for the number of Users for which you have purchased a licence. A separate licence is required for each and every User.
3. ADDITIONAL END USER DECLARATION
3.1 You acknowledge and accept that:
3.2.1 it is your responsibility to protect, maintain and back-up Information;
3.2.2 you should fully back-up all information and data (including without limit any critical information and data) on your computer before installation of the ESET Secure Data;
3.2.3 you must keep a safe record of any passwords or other information used for setting up and using the software, you must also make back up copies of all encryption keys, licence codes, key-files and other data generated to separate storage media;
3.2.4 you are responsible for the use of the products. Provider shall not be liable for any loss, claim or damage suffered as a consequence of any unauthorised or mistaken encryption or decryption of information or data (including without limit, information) wherever and however that information or data is stored;
3.2.5 whilst Provider has taken all reasonable steps to ensure the integrity and security of the ESET Secure Data, the products (or any of them) must not be used in any area which is dependent on a fail-safe level of security or is potentially hazardous or dangerous including without limitation nuclear facilities, aircraft navigation, control or communication systems, weapon and defence systems and life support or life monitoring systems;
3.2.6 it is your responsibility to ensure that the level of security and encryption provided by the products is adequate for your requirements;
3.2.7 you are responsible for your use of the products (or any of them) including without limit ensuring that such use complies with all applicable laws and regulations of the Slovak Republic or such other country, region or state where the product is used. You must ensure that prior to any use of the products you have ensured that it is not in contravention of any government (in the Slovak Republic or otherwise) embargo;
3.2.8 It is your responsibility to keep safe records of any information used for setting up and using the software. You must keep a safe record of any passwords or other information used for setting up and using the software. You must also make back up copies of all encryption keys, activation codes and other data generated to separate storage media;
3.2.9 Provider shall not be responsible for any loss, damage, expense or claim arising from the loss, theft, misuse, corruption, damage or destruction of passwords, set up information, encryption keys, licence activation codes and other data generated or stored during use of the software.
ADDENDUM NO. 2 TO END-USER LICENSE AGREEMENT ON PASSWORD MANAGER SOFTWARE
1. You may not
a) use Password Manager Software to operate any mission-critical application where human life or property may be at stake. You understand that the Password Manager Software is not designed for such purposes and that its failure in such cases could lead to death, personal injury, or severe property or environmental damage for which Provider is not responsible.
PASSWORD MANAGER SOFTWARE IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS INCLUDING, WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. PROVIDER SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.
b) use Password Manager Software in a manner that breaches this agreement or the laws of the Slovak Republic or your jurisdiction. Specifically you may not use Password Manager Software to conduct or promote any illegal activities including uploading data of harmful content or content that might be used for any illegal activities or that in any way violates the law or the rights of any third party (including any intellectual property rights), including but not limited to any attempts to gain access to accounts in Storage (For the purposes of this agreement "Storage" refers to the data storage space managed by Provider or a third party other than Provider and the user for the purpose of enabling synchronization and backup of user data) or any accounts and data of other Password Manager Software or Storage users. If you violate any of these provisions, Provider is entitled to immediately terminate this agreement and pass on to you the cost of any necessary remedy, as well as take any necessary steps to prevent you from further use of Password Manager Software without the possibility of refund.
2. PASSWORD MANAGER SOFTWARE IS PROVIDED "AS IS". NO WARRANTY OF ANY KIND IS EXPRESSED OR IMPLIED. YOU USE THE SOFTWARE AT YOUR OWN RISK. THE PRODUCER IS NOT LIABLE FOR DATA LOSS, DAMAGES, LIMITATION OF SERVICE AVAILABILITY INCLUDING ANY DATA SENT BY PASSWORD MANAGER SOFTWARE TO EXTERNAL STORAGE FOR THE PURPOSE OF DATA SYNCHRONIZATION AND BACKUP. ENCRYPTING THE DATA USING PASSWORD MANAGER SOFTWARE DOES NOT IMPLY ANY LIABILITY OF THE PROVIDER REGARDING THE SECURITY OF THAT DATA. YOU EXPRESSLY AGREE THAT THE DATA ACQUIRED, USED, ENCRYPTED, STORED, SYNCHRONIZED OR SENT USING PASSWORD MANAGER SOFTWARE CAN ALSO BE STORED ON THIRD PARTY SERVERS (APPLIES ONLY TO THE USE OF PASSWORD MANAGER SOFTWARE WHERE SYNCHRONIZATION AND BACKUP SERVICES HAVE BEEN ENABLED). IF PROVIDER IN ITS SOLE DISCRETION SELECTS TO USE SUCH A THIRD PARTY STORAGE, WEBSITE, WEB PORTAL, SERVER OR SERVICE, PROVIDER IS NOT LIABLE FOR THE QUALITY, SECURITY, OR AVAILABILITY OF SUCH A THIRD PARTY SERVICE AND TO NO EXTENT IS PROVIDER LIABLE TO YOU FOR ANY BREACH OF CONTRACTUAL OR LEGAL OBLIGATIONS BY THE THIRD PARTY NOR FOR DAMAGES, LOSS OF PROFITS, FINANCIAL OR NON-FINANCIAL DAMAGES, OR ANY OTHER KIND OF LOSS WHILE USING THIS SOFTWARE. PROVIDER IS NOT LIABLE FOR THE CONTENT OF ANY DATA ACQUIRED, USED, ENCRYPTED, STORED, SYNCHRONIZED, OR SENT USING PASSWORD MANAGER SOFTWARE OR IN STORAGE. YOU ACKNOWLEDGE THAT PROVIDER DOES NOT HAVE ACCESS TO THE CONTENT OF THE STORED DATA AND IS NOT ABLE TO MONITOR IT OR REMOVE LEGALLY HARMFUL CONTENT.
Provider owns all rights to improvements, upgrades and fixes related to Password MANAGER Software ("Improvements") even in the event that any such improvements have been created based on feedback, ideas or suggestions submitted by you in any form. You will not be entitled to any compensation, including any royalties related to such Improvements.
3. Additional Limitation of Liability.
PROVIDER ENTITIES AND LICENSORS WILL NOT BE LIABLE TO YOU FOR CLAIMS AND LIABILITIES OF ANY KIND ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF PASSWORD MANAGER SOFTWARE BY YOU OR BY THIRD PARTIES, TO THE USE OR NON-USE OF ANY BROKERAGE FIRM OR DEALER, OR TO THE SALE OR PURCHASE OF ANY SECURITY, WHETHER SUCH CLAIMS AND LIABILITIES ARE BASED ON ANY LEGAL OR EQUITABLE THEORY.
PROVIDER ENTITIES AND LICENSORS ARE NOT LIABLE TO YOU FOR ANY AND ALL DIRECT, INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO ANY THIRD-PARTY SOFTWARE, ANY DATA ACCESSED THROUGH PASSWORD MANAGER SOFTWARE, YOUR USE OR INABILITY TO USE OR ACCESS PASSWORD MANAGER SOFTWARE, OR ANY DATA PROVIDED THROUGH PASSWORD MANAGER SOFTWARE, WHETHER SUCH DAMAGE CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY. DAMAGES EXCLUDED BY THIS CLAUSE INCLUDE, WITHOUT LIMITATION, THOSE FOR LOSS OF BUSINESS PROFITS, INJURY TO PERSON OR PROPERTY, BUSINESS INTERRUPTION, LOSS OF BUSINESS OR PERSONAL INFORMATION. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS RESTRICTION MAY NOT APPLY TO YOU. IN SUCH CASE THE EXTENT OF PROVIDER LIABILITY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.
INFORMATION PROVIDED THROUGH PASSWORD MANANGER SOFTWARE, INCLUDING STOCK QUOTES, ANALYSIS, MARKET INFORMATION, NEWS, AND FINANCIAL DATA, MAY BE DELAYED, INACCURATE, OR CONTAIN ERRORS OR OMISSIONS, AND PROVIDER ENTITIES AND LICENSORS WILL HAVE NO LIABILITY WITH RESPECT THERETO. PROVIDER MAY CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF PASSWORD MANAGER SOFTWARE OR THE USE OF ALL OR ANY FEATURES OR TECHNOLOGY IN PASSWORD MANAGER SOFTWARE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU.
IF THE PROVISIONS IN THIS ARTICLE ARE VOID FOR ANY REASON OR PROVIDER IS DEEMED LIABLE FOR LOSSES, DAMAGES ETC UNDER APPLICABLE LAWS, THE PARTIES AGREE THAT PROVIDER‘S LIABILITY TO YOU WILL BE LIMITED TO THE TOTAL AMOUNT OF LICENSE FEES PAID BY YOU.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS PROVIDER AND ITS EMPLOYEES, SUBSIDIARIES, AFFILIATES, REBRANDING AND OTHER PARTNERS FROM AND AGAINST ANY AND ALL THIRD-PARTY (INCLUDING OWNERS OF THE DEVICE OR PARTIES WHOSE RIGHTS WERE AFFECTED BY THE DATA USED IN PASSWORD MANAGER SOFTWARE OR IN STORAGE) CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, EXPENSES, FEES THAT SUCH PARTIES MAY INCUR AS A RESULT OF YOUR USE OF THE PASSWORD MANANGER SOFTWARE.
4. Data in Password Manager Software.
Unless otherwise, and explicitly, selected by you, all data entered by you that is saved into a Password Manager Software database is stored in encrypted format on your computer, or other storage device as defined by you. You understand that in the case of deletion of, or damage to, any Password Manager Software database or other files, all the data contained therein will be irreversibly lost and you understand and accept the risk of such loss. The fact that your personal data is stored in encrypted format on the computer does not mean that the information cannot be stolen or misused by someone who discovers the Master Password or gains access to the customer-defined activation device for opening the database. You are responsible for maintaining the security of all access methods.
Transmission of Personal Data to Provider or Storage
If you select so and solely for the purpose of ensuring timely data synchronization and backup, Password Manager Software transmits or sends personal data from the Password Manager Software database - namely passwords, login information, Accounts and Identities - over the Internet to Storage. Data are transmitted exclusivelly in encrypted form. The use of Password Manager Software for filling in online forms with passwords, logins or other data may require that information be sent over the Internet to the website identified by you. This transmission of data is not initiated by Password Manager Software and therefore Provider cannot be held responsible for the security of such interactions with any website supported by various providers. Any transactions over the Internet whether or not in conjunction with Password Manager Software is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data resulting from the download and/or use of any such material or service. To minimize the risk of losing valuable data, Provider recommends that customers perform periodic backup of the database and other sensitive files to external drives. Provider is not able to provide you with any assistance in recovering lost or damaged data. If Provider provides backup services for user database files in case of damage or deletion of the files on users‘ PCs, such backup service is without any warranty and does not imply any liability of Provider to you whatsoever.
Your browsing activity on the Internet is NOT monitored in any way by Password Manager Software. As such, Password Manager Software DOES NOT collect, nor does it send, information about sites that you have visited or any information about your browsing history to any entity. Some versions of Password Manager Software may support user identification of websites and programs that you, the user, are able to bring to the attention of Provider by submitting through the designated tool within the GUI; no such information is submitted without your click-thru confirmation indicating your approval to submit the website or program name. Such submitted information is typically used to enhance the functionality of Password Manager Software.
By using Password Manager Software, you agree that the software may contact the Provider servers from time to time in order to check for the license information, available patches, service packs and other updates that may improve, maintain, modify or enhance the operation of Password Manager Software. The software may send general system information related to the functioning of Password Manager Software.
5. Uninstall information and instructions
Any information that you would like to retain from the database must be exported prior to uninstalling Password Manager Software.