End User License Agreement
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 AND YOU ACKNOWLEDGE PRIVACY POLICY.
End User License Agreement
Under the terms of this 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: 31333532 (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" or "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 canceling option, 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) computer program accompanied by this Agreement 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, Computer and a License key. 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. Computer means hardware, including but not limited to personal computers, laptops, workstations, palmtop computers, smart phones, hand-held electronic devices, or other electronic devices for which the Software is designed, on which it will be installed and/or used. License key means the unique sequence of symbols, letters, numbers or special signs provided to the End User in order to allow the legal use of the Software, its specific version or extension of the term of the License in compliance with this Agreement.
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 (hereinafter referred to as "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 "MUA"). If 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. The End User is entitled to enter the License key to the Software only to the extent in which has the right to use the Software in accordance the limitation arising from the number of Licenses granted by Provider. The License key is deemed confidential, You must not share the License with third parties or allow third parties to use the License key unless permitted by this Agreement or Provider. If your License key is compromised, notify Provider immediately.
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. Functions with data collection and internet connection requirements. 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 and applicable data collection in compliance with Privacy Policy. Connection to the Internet and applicable data collection 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. For the purpose of provisioning of Updates, License authenticity verification is required including information about Computer and/or the platform on which the Software is installed in compliance with Privacy Policy.
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 and, information about the operations and functionality of the Software (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 may be activated by End User during the process of installation of the Software.
The Provider shall only use Information and Infiltrations received for the purpose of analysis and research of Infiltrations, improvement of Software and License authenticity verification and shall take appropriate measures to ensure that Infiltrations and Information received remain secure. By activating this function of the Software, Infiltrations and Information may be collected and processed by the Provider as specified in Privacy Policy and in compliance with relevant legal regulations. 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. The account on https://my.eset.com (hereinafter referred to as "MEC Account") needs to be created for it to be activated, through which the function activates data collection in the event of computer theft. If you chose to activate this function of the Software, data about the stolen Computer will be collected and 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 and/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 by this function and provided via MEC Account exclusively for rectifying an adverse situation caused by theft of a Computer. For the sole purpose of this function, Provider process Data as specified in Privacy Policy and in compliance with relevant legal regulations. The Provider shall allow End User to access the Data for the period required to achieve the purpose for which the data was obtained which shall not exceed retention period specified in Privacy Policy. 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. Use of Protection Against Misuse of Data function shall be applicable exclusively to ESET Internet Security and ESET Smart Security Premium End Users.
d) Network Connected Devices Security Assessment. The Software contains a function for checking the security of End User's local network and security of devices in local network which requires local network name and information about devices in local network such as presence, type, name, IP address and MAC address of device in local network in connection with license information. The information also includes wireless security type and wireless encryption type for router devices. This function may also provide information concerning availability of security software solution to secure devices in local network.
For the purpose of this Agreement, it is necessary to collect, process and store data enabling the Provider to identify You in compliance with Privacy Policy. You hereby acknowledge that the Provider checks using its own means whether You are using the Software in accordance with the provisions of this Agreement. You hereby acknowledge that for the purpose of this Agreement it is necessary for your data to be transferred, during communication between the Software and the Provider's computer systems or those of its business partners as part of Provider’s distribution and support network to ensure functionality of Software and authorization to use the Software and to protection of the Provider’s rights.
Following conclusion of this Agreement, the Provider or any of its business partners as part of Provider’s distribution and support network shall be entitled to transfer, process and store essential data identifying You for billing purposes, performance of this Agreement and transmitting notifications on your Computer. You hereby agree to receive notification and messages including but not limited to marketing information.
Details about privacy, personal data protection and Your rights as a data subject can be found in Privacy Policy which is available on Provider’s website and accessible directly from the installation process. You can also visit it from Software’s help section.
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 Computers or computers 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.
g) You agree not exercise any activities involving use the License key, contrary to the terms of this Agreement or leading to provide License key to any person who is not entitled to use the Software, such as the transfer of used or unused License key in any form, as well as the unauthorized reproduction, or distribution of duplicated or generated License keys or using the Software as a result of the use of a License key obtained from the source other than the Provider.
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, 19 and 21 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. License information, Information and other data in compliance with Privacy Policy may be required for the purpose of technical support provision.
16. Transfer of the License. The Software can be transferred from one Computer 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). License information and End User identification data in compliance with Privacy Policy may be required for the purpose of Software genuineness verification.
18. 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.
19. Trade control compliance.
a) You will not, directly or indirectly, export, re-export, transfer or otherwise make available the Software to any person, or use it in any manner, or be involved in any act, that could result in ESET or its holding companies, its subsidiaries, and the subsidiaries of any of its holding companies, as well as entities controlled by its holding companies ("Affiliates") being in violation of, or being subject to, negative consequences under trade control laws which include:
i. any laws that control, restrict, or impose licensing requirements on export, re-export or transfer of goods, software, technology, or services, issued or adopted by any government, state or regulatory authority of the United States of America, Singapore, the United Kingdom, the European Union or any of its Member States, or any country in which obligations under the Agreement are to be performed, or in which ESET or any of its Affiliates are incorporated or operate, and
ii. any economic, financial, trade or other, sanction, restriction, embargo, import or export ban, prohibition on transfer of funds or assets or on performing services, or equivalent measure imposed by any government, state or regulatory authority of the United States of America, Singapore, the United Kingdom, the European Union or any of its Member States, or any country in which obligations under the Agreement are to be performed, or in which ESET or any of its Affiliates are incorporated or operate.
(legal acts referred to in points i, and ii. above together as "Trade Control Laws").
b) ESET shall have the right to suspend its obligations under, or terminate, these Terms with immediate effect in the event that:
i. ESET determines that, in its reasonable opinion, the User has breached or is likely to breach provision of Article 19 a) of the Agreement; or
ii. the End User and/or the Software become subject to Trade Control Laws and, as a result, ESET determines that, in its reasonable opinion, the continued performance of its obligations under the Agreement could result in ESET or its Affiliates being in violation of, or being subject to negative consequences under, Trade Control Laws.
c) Nothing in the Agreement is intended, and nothing should be interpreted or construed, to induce or require either party to act or refrain from acting (or to agree to act or refrain from acting) in any manner which is inconsistent with, penalized, or prohibited under any applicable Trade Control Laws.
20. 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.
21. 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.
22. 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 under the conditions stipulated therein. In case of a discrepancy between language versions of this Agreement, the English version shall prevail. 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.
EULA ID: HOM-EHSW-20-01
ADDENDUM NO.1 TO END USER LICENSE AGREEMENT ON ESET SECURE DATA
1. Definitions. In this Addendum no. 1 the following words have the corresponding meanings:
a) "Information" any information or data encrypted or decrypted using the software;
b) "Products" the ESET Secure Data software and the documentation;
c) "ESET Secure Data" the software(s) used for the encryption and decryption of electronic data;
All references to the plural shall include the singular and all references to the masculine shall include the feminine and neuter and vice versa. Words without specific definition shall be used in compliance with definitions stipulated by the Agreement.
2. Additional End User declaration. You acknowledge and accept that:
a) It is Your responsibility to protect, maintain and back-up Information;
b) 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;
c) You must keep a safe record of any passwords or other information used for setting up and using ESET Secure Data, you must also make backup copies of all encryption keys, license codes, key-files and other data generated to separate storage media;
d) You are responsible for the use of Products. The Provider shall not be liable for any loss, claim or damage suffered as a consequence of any unauthorized or mistaken encryption or decryption of Information or other data wherever and however that Information or other data is stored;
e) 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 but not limited to nuclear facilities, aircraft navigation, control or communication systems, weapon and defense systems and life support or life monitoring systems;
f) It is End User's responsibility to ensure that the level of security and encryption provided by the products is adequate for Your requirements;
g) You are responsible for Your use of the Products or any of them, including but not limited to ensure that such use complies with all applicable laws and regulations of the Slovak Republic or such other country, region or state where the Products are 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;
h) ESET Secure Data 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 ESET Secure Data and may send general system information related to the its functioning in compliance with Privacy Policy.
i) 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, license activation codes and other data generated or stored during use of the software.
Addendum no.1 shall be applicable exclusively to ESET Smart Security Premium End Users.
ADDENDUM NO.2 TO END USER LICENSE AGREEMENT ON PASSWORD MANAGER SOFTWARE
1. Additional End User declaration. You acknowledge and accept that 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 Addendum no. 2 "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. LIMITATION OF LIABILITY. 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.
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 THIRDPARTIES, 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 MANAGER 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 MANAGER SOFTWARE.
3. 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.
4. 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 to Storage over the Internet. Data is transmitted exclusively in encrypted form. The use of Password Manager Software for filling in online forms with passwords, logins or other data may require that information being 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 operated 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 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 End User 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 End User database files in case of damage or deletion of the files on End User's Computer, such backup service is without any warranty and does not imply any liability of Provider to you whatsoever.
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 in compliance with Privacy Policy.
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.
Addendum no.2 shall be applicable exclusively to ESET Smart Security Premium End Users.