13. Special terms (Continuous)

13.9. Premium Technical Support. This Section 13.9 applies to Avast Total Care, AVG Premium Tech Support, AVG Go and other technical support services (each, “Premium Technical Support”) that Vendor sells separately from its software Solutions, and through which Vendor may help you install, configure or troubleshoot any of a variety of software products and/or equipment or systems, including a PC, Mac, tablet, mobile phone or any other personal computing device, wireless router, cable modem or other router, printer, digital camera, media player, Smart TV and DVD/Blu-Ray player.

13.9.1. The Associate, in providing Premium Technical Support, will use commercially reasonable efforts to assist you with the problems you are experiencing but, due to the variety and the complexity of technologies available on the market, the Associate may not be able to resolve your issues. This may include, for example, problems that arise as a result of software or hardware errors not yet resolved by the manufacturer, or problems related to the equipment configuration that makes it impossible or unreasonably difficult for the Associate to properly diagnose and solve the issue. As a result, you hereby acknowledge and agree that Vendor’s efforts may not be enough to solve the issues you identify, or that those issues will not be solved in a timely manner.

13.9.2. The Associate, in providing Premium Technical Support, may require remote access to your Device, and/or may require that you install Assistance Software, in which case you acknowledge and agree that that Section 13.10 applies. If you cannot or do not provide remote access to your Device and/or you cannot or do not download and install the Assistance Software on the Device or follow Vendor’s or Associate’s other instructions, or if Vendor determines your Device does not qualify for support under the Premium Technical Support subscription, Vendor will not provide Premium Technical Support.

13.10. Remote Access; Assistance Software

13.10.1. Remote Access. Vendor or an Associate, when providing services under the Assurance Plan, as part of Premium Technical Support or in connection with other services, may need to remotely connect to, and take control of, your equipment in order to resolve the issues that you are experiencing. In connection with this remote connection session:

(a) The Associate may need to run various scripts on your equipment, make changes to its configuration, install and uninstall software, and make other changes to the equipment and/or software settings of such equipment as may be necessary to address your issues. You understand that the Associate may, but is not obligated to, install and remove various proprietary or third party software tools where the Associate deems it necessary to assist you with the issues that you are experiencing. Elements of such software are protected by law, including copyright.

(b) You acknowledge and agree that, by authorizing the Associate to establish a remote connection session, you grant Vendor (and partners and contractors acting on Vendor’s behalf) full or limited access to your equipment, software and network (depending on your equipment, software and network configuration), and authorize Vendor to make such modifications as described above or as otherwise advised by the Associate during delivery of the Solution. You acknowledge and agree that the Associate, or you acting on the Associate’s direction may alter, delete or corrupt software or data on your equipment, change equipment, software or network settings, or otherwise interfere with the proper operation of your equipment, software or network.

(c) You acknowledge and agree that the Associate may have access to any information stored on your Device. Associates are trained not to access more information than necessary to resolve the issues for which you are requesting the Associate’s support. You must nevertheless remain in front of your Device screen to observe the actions of the Associate while he or she delivers the Solution on your Device. You will have the opportunity to end the live support session at any time by advising the Associate or disconnecting the remote connection session.

13.10.2. Assistance Software.

(a) Vendor or an Associate, as a condition to providing services under the Assurance Plan, Premium Technical Support or other services, may instruct you to download and install on the Device a software program (the “Assistance Software”) allowing the Associate to gain remote access to your Device, gather information about the Device and its operations, diagnose and repair the problem, and change Device settings. You may also need to follow other instructions given by the Vendor or an Associate.

(b) If you or an Associate installs Assistance Software on a Device, that Assistance Software:

(i) May require that you activate it on your Device. If you do not complete the activation process within the period of time requested by the Associate or as prompted by the Assistance Software, the Assistance Software may cease to function until the activation is complete.

(ii) May communicate with Vendor’s (or its partner’s or contractor’s) servers on a regular basis to: (i) ensure that you receive all the services and software you are eligible to as part of your Solution; (ii) enable you to promptly launch a chat session with an Associate as part of your Solution; or (iii) give you access to certain self-service tools as part of your Solution.

(iii) May by default constantly run on your Device and perform various background tasks that help maintain your Device in working condition. When running, it may collect various data regarding your Device, including its technical specifications, information regarding its operating system, downloaded and/or installed software, updates and upgrades, the availability and the status of your security software, backups and firewalls, various unique identifiers, system and software error messages, network connections status, connected peripherals and other connected devices, and similar such information and data. This information helps Vendor to prevent many common issues that you may be experiencing, and also to quickly identify problems for which you may be requesting Vendor’s support.

13.11. Avast Driver Updater

13.11.1. Avast Driver Updater is intended for use on a Device that is a single physical computer, and not a “virtual machine” in which a shared computing resource emulates the functions of several dedicated physical computers. Avast Driver Updater will not be as effective when used on a virtual machine rather than a physical computer.

13.11.2. Avast Driver Updater relies on manufacturer-provided data in device driver installation files, including release dates, to provide information displayed by the Solution in scan results. MEMBERS OF THE VENDOR GROUP AND VENDOR PARTNERS DO NOT WARRANT OR REPRESENT THAT ANY DEVICE DRIVER PROVIDED BY THE SOLUTION WILL BE THE LATEST, OR ANY PARTICULAR VERSION, OF SUCH DEVICE DRIVER NOTWITHSTANDING ANY DIFFERENT OR CONTRARY INFORMATION PROVIDED BY THE SOLUTION.

13.12. Avast Secure Web Gateway and Avast Secure Internet Gateway

13.12.1. As used in this Section 13.12:

(a) “Aggregated Data” means data: (i) anonymized, and not identifiable to any individual person or entity; (ii) combined with the data of other users of an Avast Secure Gateway, and/or additional data sources; and (iii) presented in a manner by which individual users of an Avast Secure Gateway may not be identified.

(b) “Avast Secure Gateway” means the Avast Secure Web Gateway or Avast Secure Internet Gateway;

(c) “DNS Transaction” means a recursive DNS query you send through your use of Avast Secure Web Gateway.

(d) “Seat” means a subscription for an individual that accesses the Internet in connection with an Avast Secure Gateway, as further described by Section 13.12.5. A Seat may only be transferred from one such individual to another such individual if the original individual is no longer permitted to access, and does not access, the Internet in connection with the Avast Secure Gateway.

(e) “Transaction” means an HTTP or HTTPS request sent to, or by, you through your use of the Avast Secure Internet Gateway.

13.12.2. You must not, from any Device protected by an Avast Secure Gateway: (i) send spam or otherwise duplicative or unsolicited messages in violation of any applicable laws; (ii) send infringing, obscene, threatening, libelous, or illegal material; (iii) access blocked services in violation of any applicable laws; or (iv) run automated queries to Internet URLs.

13.12.3. You acknowledge and agree that: (i) in order for Vendor to provide the Avast Secure Gateway, you must forward your Internet traffic to Vendor via valid forwarding mechanisms that allow for automatic fail-over (i.e. DNS, PAC, IPSEC, GRE tunnels or an appropriate Vendor Solution); (ii) you are responsible for supplying Vendor with any technical data and other information Vendor may reasonably request from time to time; (iii) Vendor Group and Vendor Partners may use the Malicious Code (as defined in Section 13.16.1 (b)), spam, botnets, or other information derived from your use of an Avast Secure Gateway for the purposes of: (1) maintaining, improving and/or analyzing the Avast Secure Gateways; (2) complying with any legal or contractual requirements; or (3) making malicious or unwanted content anonymously available to Vendor Partners for the purpose of further developing and enhancing the Avast Secure Gateways; and (iv) Vendor Group and Vendor Partners may develop and commercialize benchmarks and measures based on Aggregated Data.

13.12.4. Vendor Group and Vendor Partners reserve the right to manage bandwidth or route traffic across the Internet in a commercially optimal way, provided such actions do not compromise Vendor’s obligations with respect to the Avast Secure Gateways. Vendor or a Vendor Partner (as applicable) may suspend your access to, or download of, the Avast Secure Gateways in the event your use of these Solutions represents an imminent threat to any network of Vendor Group or a Vendor Partner, or if required to comply with applicable laws. In such circumstances, Vendor or Vendor Partner (as applicable) will: (i) suspend the Avast Secure Gateways only to the extent reasonably necessary to prevent any harm to any network of Vendor Group or Vendor Partners (for example, blocking offending source IP addresses) and to comply with applicable laws; (ii) use its reasonable efforts to contact you promptly and give you the opportunity to promptly change the configuration of you server(s) accordingly and/or work with you to promptly resolve the issues causing the suspension of the Avast Secure Gateways; and (iii) reinstate any such suspended Avast Secure Gateways after all such issues are resolved to the reasonable satisfaction of Vendor or Vendor Partner (as applicable).

13.12.5. For the purposes of determining whether you have purchased sufficient Seats, every 2,000 Transactions per calendar day flowing through the Avast Secure Internet Gateway shall be considered an Avast Secure Internet Gateway “Seat”, and every 2,000 DNS Transactions per calendar day flowing through Avast Secure Web Gateway shall be considered an Avast Secure Web Gateway “Seat”. You acknowledge and agree that the number of Seats you are required to purchase for your use of: (i) Avast Secure Internet Gateway will be calculated by dividing the total number of Transactions flowing through Avast Secure Internet Gateway per calendar day, by 2,000; and (ii) Avast Secure Web Gateway will be calculated by dividing the total number of DNS Transactions flowing through Avast Secure Web Gateway per calendar day, by 2,000.

13.12.6. Although Vendor may not charge you separately for bandwidth in connection with your use of the Avast Secure Gateway, Vendor and the relevant Vendor Partner incur significant bandwidth costs in providing of the Avast Secure Gateway to you. Accordingly, a material increase in your bandwidth consumption in connection with your use of the Avast Secure Gateway will significantly affect and disrupt the business operations of Vendor and the Vendor Partner. You acknowledge and agree that, in circumstances where your bandwidth consumption in connection with your use of the Avast Secure Gateway materially exceeds the number of DNS Transactions, or DNS Transactions per Seat, specified by the Applicable Conditions, Vendor or the Vendor Partner may notify you, in which case you must negotiate in good faith with Vendor: (i) on a bandwidth reduction plan; and/or (ii) to increase the pricing for of the Avast Secure Gateway for the remainder of the Subscription Term. If you are unable to reach a mutually agreeable resolution with Vendor within thirty (30) days from the date of notification by Vendor or Vendor Partner (as applicable), then Vendor may on thirty (30) days’ notice, terminate the remaining portion of your Subscription Term for the Avast Secure Gateway and refund to you any portion of the subscription fees you have pre-paid for the unused portion of the Subscription Term.

13.12.7. You acknowledge and agree that Vendor Group and Vendor Partners may use, reproduce, store, modify, and display the information from your transaction logs (i.e. the metadata of all network traffic sent to, or received from, you through your use of an Avast Secure Gateway) (the “Transaction Logs”). Transaction Logs will be retained by Vendor Group or Vendor Partners for rolling 6 month periods during the Subscription Period. On termination or expiration of the Subscription Period, the Transaction Logs shall be deleted by Vendor Group and Vendor Partners pursuant to the standard retention cycle of Vendor Group and Vendor Partners, or earlier as you may request in writing.

(To be continued)