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Eula

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0% found this document useful (0 votes)
61 views14 pages

Eula

Uploaded by

hassan raza
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as RTF, PDF, TXT or read online on Scribd
You are on page 1/ 14

Effective as of October 19, 2021.

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 ("Agreement") executed by and between ESET,
spol. s r. o., having its registered office at Einsteinova 24, 85101 Bratislava, Slovak Republic, registered in
the Commercial Register administered by Bratislava I District Court, Section Sro, Entry No 3586/B,
Business Registration Number: 31333532 ("ESET" or "Provider") and you, a physical person or legal entity
("You" or "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 and acknowledge the Privacy Policy. If You do not
agree to all of the terms and conditions of this Agreement and/or Privacy Policy, 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 ("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,
smartphones, 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
("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; or (ii) if the extent of a license is bound to the number of mailboxes, then one End User shall
be taken to refer to a Computer user who accepts electronic mail via a Mail User Agent ("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 to which the End User has
the right to use the Software in accordance with 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) Home/Business Edition. A Home Edition version of the Software shall be used exclusively in private
and/or non-commercial environments for home and family use only. A Business Edition version of the
Software must be obtained for use in a commercial environment as well as 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. Software classified as "OEM" 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 also be
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 or upgrades 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 the automatic installation of Updates. For 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.

Provision of any Updates may be subject to End of Life Policy ("EOL Policy"), which is available on
https://go.eset.com/eol_home. No Updates will be provided after the Software or any of its features
reaches the End of Life date as defined in the EOL 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 ("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 ("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.

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.

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 backup 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 a 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 to 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 backup copies
and all related materials provided by the Provider or its business partners. Your right to use Software and
any of its features may be subject to EOL Policy. After the Software or any of its features reaches the End
of Life date defined in the EOL Policy, your right to use the Software will terminate. 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 INSTALLATION, 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. No technical support will be provided after
the Software or any of its features reaches the End of Life date defined in the EOL Policy. 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 activity, 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 returns of the Software and Documentation must be delivered to: ESET, spol.
s r. o., Einsteinova 24, 85101 Bratislava, Slovak Republic, without prejudice to ESET's right to
communicate to You any changes to this Agreement, Privacy Policies, EOL Policy and Documentation in
accordance with art. 22 of the Agreement. ESET may send You emails, in-app notifications via Software
or post the communication on our website. You agree to receive legal communications from ESET in
electronic form, including any communications on change in Terms, Special Terms or Privacy Policies, any
contract proposal/acceptance or invitations to treat, notices or other legal communications. Such
electronic communication shall be deemed as received in writing, unless applicable laws specifically
require a different form of communication.

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. This Agreement has been executed in English. In
case any translation of the Agreement is prepared for the convenience or any other purpose or in any
case of a discrepancy between language versions of this Agreement, the English version shall prevail.

ESET reserves the right to make changes to the Software as well as to revise terms of this Agreement, its
Annexes, Addendums, Privacy Policy, EOL Policy and Documentation or any part thereof at any time by
updating the relevant document (i) to reflect changes to the Software or to how ESET does business, (ii)
for legal, regulatory or security reasons, or (iii) to prevent abuse or harm. You will be notified about any
revision of the Agreement by email, in-app notification or by other electronic means. If You disagree with
the proposed changes to the Agreement, You may terminate it in accordance with Art. 10 within 30 days
after receiving a notice of the change. Unless You terminate the Agreement within this time limit, the
proposed changes will be deemed accepted and become effective towards You as of the date You
received a notice of the change.
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 TO THE AGREEMENT

Network Connected Devices Security Assessment. Additional provisions apply to the Network
Connected Devices Security Assessment as follows:

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.

Protection Against Misuse of Data. Additional provisions apply to the Protection Against Misuse of Data
as follows:

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 ESET
HOME 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 ESET HOME 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 ESET HOME 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 ESET
HOME Account, authorized or not. If ESET HOME Account is compromised, notify Provider immediately.
Additional provisions for the Protection Against Misuse of Data shall be applicable exclusively to ESET
Internet Security and ESET Smart Security Premium End Users.

ESET Secure Data. Additional provisions apply to the ESET Secure Data as follows:

1. Definitions. In these additional provisions to the ESET Secure Data 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 backup 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.
Additional provisions for the ESET Secure Data shall be applicable exclusively to ESET Smart Security
Premium End Users.

Password Manager Software. Additional provisions apply to the Password Manager Software as follows:

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 these additional terms to the Password Manager Software "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 REGARD-ING 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 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 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 under-stand 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.

Additional provisions for the Password Manager Software shall be applicable exclusively to ESET Smart
Security Premium End Users.

ESET LiveGuard. Additional provisions apply to the ESET LiveGuard as follows:

The Software contains a function of additional analysis of files submitted by End User. The Provider shall
only use the files submitted by End User and results of analysis in compliance with Privacy Policy and in
compliance with relevant legal regulations.

Additional provisions for the ESET LiveGuard shall be applicable exclusively to ESET Smart Security
Premium End Users.

EULAID: EULA-PRODUCT-LG-EHSW; 3537.0

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