End User License Agreement
Please read the terms and conditions of this End User License Agreement (“Agreement”) carefully before you use the Solution (as defined below). This is a legally binding contract. By assenting electronically, or installing the Solution or using the Solution, you accept all the terms and conditions of this Agreement on behalf of yourself and any entity or individual you represent or for whose Device you acquire the Solution (collectively “you”). If you do not agree with the terms and conditions of this Agreement, do not continue the installation process, do not use the Solution and delete or destroy all copies of the Solution in your possession or control.
This Agreement relates to your use of certain software (“Software”), services or hardware and related firmware, including any Updates (each, a “Solution”) in connection with which you are accepting this Agreement, and any related Documentation. In this Agreement, “Vendor” means the entity providing the Solution to you, which will differ depending on your location, as follows:
a. North, Central, and South America
Gen Digital Inc.
60 E. Rio Salado Parkway, Suite 1000
Tempe, AZ 85281, USA
b. Ireland, United Kingdom, Belgium, Netherlands, and Luxemburg
NortonLifeLock Ireland Limited
Ballycoolin Business Park, Ballycoolin, Blanchardstown
Dublin, Ireland
c. Japan
NortonLifeLock Japan KK
Ark Mori Building 12th Floor, 1-12-32 Akasaka, Minato-ku Tokyo 107- 6012,
Japan
d. Australia, all other Asian Pacific Countries
NortonLifeLock Singapore Pte Ltd
8 Marina Boulevard, #05-02, Marina Bay Financial Centre
Singapore, 018981
e. Spain, France, Italy, and the rest of Europe, Middle East, and Africa
Avast Software s.r.o.
Pikrtova 1737/1a, Nusle, 140 00 Praha 4
Czech Republic
“Documentation” means any user manuals and instructions provided with the Solution; and “Applicable Conditions” means collectively the Subscription Period together with the types of Devices, Permitted Number of Devices, other transaction terms, conditions and documents you accepted when you acquired the Solution (including any terms and conditions of sale), and any distribution agreement, reseller agreement, partner agreement or other agreement between you and Vendor or other member of Vendor Group, as well as the other limitations described by Section 2 and the Documentation.
Please note that this Agreement comes in two parts. Sections 1 through 12 of this Agreement apply to all Solutions, including those listed below. Section 13 sets out additional terms and conditions affecting specific Solutions or categories of Solutions, including Third Party Software, Services and other Products (Section 13.1); Managed Service Provider Licenses (Section 13.2); Browser Cleanup (Section 13.3); WiFi Finder (Section 13.4); Avast Family Space (also sold as Star Guard Family, Vodafone Family Protect and WINDTRE Family Protect) (Section 13.5); Mobile Apps (Section 13.6); Technician Edition (Section 13.7); Assurance Plan (Section 13.8); Premium Technical Support (Section 13.9); Remote Access; Assistance Software (Section 13.10); Avast Driver Updater (Section 13.11), Avast Secure Web Gateway or Avast Secure Internet Gateway (Section 13.12), certain HMA services (Section 13.13), Vendor's Virtual Private Network Solutions (Section 13.14), any dongle or appliance Avast provides you as part of your subscription (Section 13.15), and Mobile Threat Intelligence Platform (Section 13.16). This Agreement supersedes and replaces any other agreement you previously entered into with respect to a prior version of the Solution.
Vendor may amend this Agreement at any time by notice provided to you in accordance with this Agreement, and your continued use of any affected Solution at any point at least 30 days after the notice date will constitute your acceptance of the amendment of this Agreement. Vendor may require that you accept the amended Agreement in order to continue using any affected Solution you have previously acquired. If you decline to accept the amended Agreement, Vendor may terminate your use of such affected Solution, in which case you may obtain a refund for the portion of the subscription fee you have paid for the unexpired or unused portion of the Subscription Period by following the instructions found here.
1. License
Vendor grants to you a non-exclusive license to use the Solution and the Documentation for the agreed period indicated in the Applicable Conditions, including any extensions or renewals of the agreed period (the “Subscription Period”), provided that you agree to the terms and conditions of this Agreement.
2. Permitted use of the solution
2.1. You may use the Solution on, or to support, up to the agreed number (the “Permitted Number of Devices”) of mobile phones, smartphones, tablets, mobile network appliances, other mobile devices (each, a “Mobile Device”), personal computers, IoT and other Internet-connected devices, or other device compatible with the Solution (each, including each Mobile Device, a “Device”) indicated in the Applicable Conditions exclusively:
2.1.1. In the case of Solutions that Vendor designates for corporate, commercial or business use (each, a “Business Solution”), by you or your affiliates (those entities controlling you, controlled by you or under common control with you) for internal business purposes. In the event of any such use of the Business Solution by your affiliate, you are responsible for your affiliate’s compliance with this Agreement, and a breach by your affiliate will be deemed a breach by you. Any obligations of Vendor under this Agreement will be owed solely to you and not your affiliates that use the Business Solution under the terms and conditions of this Agreement.
2.1.2. In the case of all other Solutions, including Avast Free Antivirus, AVG Free Antivirus, CCleaner Free and all other Solutions for which you are not required to pay a subscription fee or other price either to obtain the Solution or to continue using the Solution after a trial period (each, a “Consumer Solution”), by a natural person, or members of his household for personal, noncommercial purposes. For the avoidance of doubt, no Consumer Solution is provided or licensed for use by any: (i) natural person for commercial purposes; or (ii) business, company, government entity, non-governmental organization or other not-for-profit entity, or educational institution.
2.2. You may make one backup copy of Software.
2.3. Provided the Solution is configured for network use, you may use the Solution on one or more file servers or virtual machines for use on a single local area network for only one (but not more than one) of the following purposes:
2.3.1. Permanent installation of Software onto hard disks or other storage devices for up to the Permitted Number of Devices; or
2.3.2. Use of the Solution over such single local area network, provided the number of different Devices on which the Solution is used does not exceed the Permitted Number of Devices; or
2.3.3. If the Applicable Conditions grant you the right to use the Solution in providing MSP Services, use of the Solution as described in Section 13.2.
2.4. YOUR USE OF THE SOLUTION OTHER THAN AS EXPRESSLY AUTHORIZED BY SECTION 2 OF THIS AGREEMENT, OR ANY RESALE OR FURTHER DISTRIBUTION OF THE SOLUTION, CONSTITUTES A MATERIAL BREACH OF THIS AGREEMENT AND MAY VIOLATE APPLICABLE COPYRIGHT LAWS.
2A. Auto-renewal
This Section 2A sets out some important provisions relating to the way your auto-renewing subscription functions. Further important provisions (such as your ‘right of withdrawal’) are set out in the terms made available by the entity from which you purchased the Solution (“Distributor”) and accepted by you as governing your subscription.
2A.1 Your subscription will automatically renew, and you will be notified in advance of the renewal. Please note that the renewal price may be different to the price you paid for the existing Subscription Period, and the notification in advance of the renewal will include how much the subsequent Subscription Period will cost, when you will be charged and how long the subsequent Subscription Period will last.
2A.2 Unless otherwise cancelled, the Distributor will attempt to take payment from you (using your saved credit card or bank account details), for the subsequent Subscription Period, up to thirty (30) days in advance of the renewal date.
2A.3 To the extent payment is unable to be taken on the first attempt, the Distributor will make further attempts to take payment up to 15 days after the renewal date and you may be contacted to update your payment details.
2A.4 Upon automatic renewal of your subscription, you will receive a confirmation email which shall include all the key information in respect of your automatic renewal and the duration of the subsequent Subscription Period.
2A.5 You are entitled to switch-off the auto-renewal of your subscription using the process notified to you during the order process for the subscription, meaning that your subscription will come to an end when the then current Subscription Period expires. Once you have elected to cancel the auto-renewal of your subscription, auto-renewal will remain cancelled unless you subsequently agree to a new subscription.
2A.6 If your subscription auto-renews, you may cancel that renewal no later than 30 days following such renewal date. If the Distributor has taken payment for the next Subscription Period (“Renewal Payment”) then you will receive a full refund of the Renewal Payment.
3. Updates
Vendor, from time to time during the Subscription Period and without your separate permission or consent, may from time to time deploy an upgrade or update of, or replacement for, any Solution (“Update”), and as a result of any such deployment you may not be able to use the applicable Solution or Device (or certain functions of the Device) until any such Update is fully installed or activated. Each Update will be deemed to form a part of the “Solution” for all purposes under this Agreement. Updates may include both additions to, and removal of, any particular features or functionality offered by a Solution or may replace it entirely, and Vendor will determine the content, features and functionality of the updated Solution in its sole discretion. Vendor is not required to offer you the option to decline or delay Updates but, in any event, you may need to download and permit installation or activation of all available Updates to obtain maximum benefit from the Solution. Vendor may stop providing support for a Solution until you have accepted and installed or activated all Updates. Vendor in its sole discretion will determine when and if Updates are appropriate and has no obligation to make any Updates available to you. Vendor in its sole discretion may stop providing Updates for any version of the Solution other than the most current version, or Updates supporting use of the Solution in connection with any versions of operating systems, email programs, browser programs and other software with which the Solution is designed to operate.
4. Ownership rights
4.1. The Solutions and Documentation are the intellectual property of Vendor and are protected by applicable copyright laws, international treaty provisions and other applicable laws of the country in which the Solution is being used. The structure, organization and computer code of any Software and firmware are valuable trade secrets and confidential information of Vendor. To the extent you provide any comments or suggestions about the Solution to Vendor, you grant Vendor the right and license to retain and use any such comments or suggestions for any purpose in its current or future products or services, without further compensation to you and without your approval of such retention or use.
4.2. Except as stated in this Agreement, your possession, use of a Solution does not grant you any rights or title to any intellectual property rights in the Solution or Documentation. All rights to the Solution and Documentation, including all associated copyrights, patents, trade secret rights, trademarks and other intellectual property rights, are reserved by Vendor.
