End-User License Agreement of Adguard
IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT ('EULA') IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR, IF PURCHASED OR OTHERWISE ACQUIRED BY OR FOR AN ENTITY, AN ENTITY) AND PERFORMIX LLC. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY CLICKING THE ACCEPT BUTTON IN THE LICENSE AGREEMENT WINDOW AND USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN DO NOT INSTALL THE SOFTWARE.
AFTER CLICKING THE ACCEPT BUTTON IN THE LICENSE AGREEMENT WINDOW YOU HAVE THE RIGHT TO USE THE SOFTWARE IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT.
1. Definitions
1.1. Rightholder (owner of all rights, whether exclusive or otherwise to the Software) means PERFORMIX LLC, a company incorporated according to the laws of the Russian Federation.
1.2. 'Software' means the ADGUARD software program and any third party software programs contained therein, in each case supplied by Rightholder herewith, and corresponding documentation, associated media, printed materials, and online or electronic documentation, and all updates or upgrades of the above that are provided to you.
1.3. 'Software Trial Application' means a version of the Software, so identified, to be used only to review, demonstrate and evaluate the Software for a limited time period. The Software may have limited features and will cease operating after a predetermined amount of time due to an internal mechanism within the Software.
1.4. Computer(s) means hardware(s), including personal computers, laptops, workstations, personal digital assistants, ‘smart phones', hand-held devices, or other electronic devices for which the Software was designed where the Software will be installed.
1.5. End User (You/Your) means individual(s) installing or using the Software on his or her own behalf or who is legally using a copy of the Software; or, if the Software is being downloaded or installed on behalf of an organization, such as an employer, “You” further means the organization for which the Software is downloaded or installed and it is represented hereby that such organization has authorized the person accepting this agreement to do so on its behalf. For purposes hereof the term “organization,” without limitation, includes any partnership, limited liability company, corporation, association, joint stock company, trust, joint venture, labor organization, unincorporated organization, or governmental authority.
1.6. Partner(s) means organizations or individual(s), who distributes the Software based on an agreement and license with the Rightholder.
1.7. Update(s) means all upgrades, revisions, patches, enhancements, fixes, modifications, copies, additions or maintenance packs etc.
2. License Grants
2.1. You may install and use the Software on on such a number of Computers that was specified when You purchased the License to the Software. If you have received, downloaded and/or installed a trial version of the Software and are hereby granted an evaluation license for the Software, you may use the Software only for evaluation purposes and only during the single applicable evaluation period, unless otherwise indicated, from the date of the initial installation. Any use of the Software for other purposes or beyond the applicable evaluation period is strictly prohibited.
2.2. From the time of the Software activation (with the exception of a trial version of the Software) You have the right to receive the following services for the defined period specified on the Software package (if the Software was purchased on a physical medium) or specified during purchase (if the Software was purchased via the Internet):
- Updates of the Software via the Internet when and as the Rightholder publishes them on its website or through other online services. Any Updates that you may receive become part of the Software and the terms and conditions of this Agreement apply to them;
- Technical Support via the Internet.
3. License Restrictions
3.1. You may not make or distribute copies of the Software, or electronically transfer the Software from one computer to another or over a network.
3.2. You may not alter, merge, modify, adapt or translate the Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
3.3. You may not sell, rent, lease, or sublicense the Software.
3.4. You may not modify the Software or create derivative works based upon the Software.
3.5. In the event that you fail to comply with this EULA, Rightholder may terminate the license and you must destroy all copies of the Software (with all other rights of both parties and all other provisions of this EULA surviving any such termination).
3.6. Unless otherwise provided herein, you shall not (A) in the aggregate, install or use more than one copy of the Software, (B) download the Software Trial Application under more than one username, (C) alter the contents of a hard drive or computer system to enable the use of the Software Trial Application for an aggregate period in excess of the trial period for one license to such Software Trial Application, or (D) use the Software Trial Application for a purpose other than the sole purpose of determining whether to purchase a license to a commercial version of the Software.
4. Activation and Term
4.1. If You modify Your Computer or make changes to other vendors' software installed on it, You may be required by the Rightholder to repeat activation of the Software. The Rightholder reserves the right to use any means and verification procedures to verify the validity of the License and/or legality of a copy of the Software installed and/or used on Your Computer.
4.2. If the Software was purchased via the Internet, the Software can be used, upon your acceptance of this Agreement, for the period that was specified during purchase.
4.3. You have the right to use a trial version of the Software as provided in Clause 2.1 without any charge for the single applicable evaluation period from the time of the Software activation according to this Agreement provided that the trial version does no entitle You Updates and Technical support via the Internet.
5. Technical Support
The Technical Support described in Clause 2.2 of this Agreement is provided to You when the latest Update of the Software is installed (except for a trial version of the Software).
6. Privacy policy and information Collection
Adguard handles your personal information in accordance with it privacy policy, which is amended from time to time and is available at adguard.com.
7. WARRANTY DISCLAIMER
7.1. RIGHTHOLDER AND ITS SUPPLIERS AND PARTNERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. RIGHTHOLDER DOES NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. NO RIGHTS OR REMEDIES REFERRED TO IN ARTICLE 2A OF THE UCC WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN. THE 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. RIGHTHOLDER SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.
7.2. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITHRESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY.
7.3. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY RIGHTHOLDER, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.
7.4. RIGHTHOLDER shall have no responsibility if the Software has been altered in any way, or FOR ANY failure THAT arises out of use of the Software with other than a recommended hardware configuration, PLATFORM OR OPERATING SYSTEM.
8. LIMITATION OF LIABILITY
8.1. NEITHER RIGHTHOLDER NOR ITS SUPPLIERS AND PARTNERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF PERFORMIX LLC OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
8.2. RIGHTHOLDER'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO $50.
8.3. THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO ALL ASPECTS OF THIS EULA.
9. GNU and Other Third Party Licenses
The Software may include some software programs that are licensed (or sublicensed) to the user under the GNU General Public License (GPL) or other similar free software licenses which, among other rights, permit the user to copy, modify and redistribute certain programs, or portions thereof, and have access to the source code (“Open Source Software”). If such licenses require that for any software, which is distributed to someone in an executable binary format, that the source code also be made available to those users, then the source code should be made available by sending the request to support.en@adguard.com. If any Open Source Software licenses require that the Rightholder provide rights to use, copy or modify an Open Source Software program that are broader than the rights granted in this Agreement, then such rights shall take precedence over the rights and restrictions herein.
10. Ownership
The foregoing license gives you limited license to use the Software. Rightholder and its suppliers and partners retain all right, title and interest, including all copyright and intellectual property rights, in and to, the Software and all copies thereof. All rights not specifically granted in this EULA, including Federal and International Copyrights, are reserved by Rightholder, its suppliers and its partners.
11. General
11.1. This Agreement will be governed by and construed in accordance with the laws of the Russian Federation without reference to conflicts of law rules and principles. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Any dispute arising out of the interpretation or application of the terms of this Agreement or any breach thereof shall, unless it is settled by direct negotiation, be settled by in the Tribunal of International Commercial Arbitration at the Russian Federation Chamber of Commerce and Industry in Moscow, the Russian Federation. Any award rendered by the arbitrator shall be final and binding on the parties and any judgment on such arbitration award may be enforced in any court of competent jurisdiction. Nothing in this Section 11 shall prevent a Party from seeking or obtaining equitable relief from a court of competent jurisdiction, whether before, during or after arbitration proceedings.
11.2. This EULA contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. You agree that any varying or additional terms contained in any purchase order or other written notification or document issued by you in relation to the Software licensed hereunder shall be of no effect. The failure or delay of Rightholder to exercise any of its rights under this EULA or upon any breach of this EULA shall not be deemed a waiver of those rights or of the breach.
11.3. No Rightholder dealer, agent or employee is authorized to make any amendment to this EULA.
11.4. If any provision of this EULA shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this EULA will remain in full force and effect.
12. Period for Bringing Actions.
No action, regardless of form, arising out of the transactions under this Agreement, may be brought by either party hereto more than one (1) year after the cause of action has occurred, or was discovered to have occurred, except that an action for infringement of intellectual property rights may be brought within the maximum applicable statutory period.
13. Contact Information.
Should you have any questions concerning this Agreement, or if you desire to contact the Rightholder for any reason, please contact our Customer Support Service:
Website: adguard.com
© 2013 PERFORMIX LLC. All Rights Reserved. The Software and any accompanying documentation are copyrighted and protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.