NORTHGUARD APS END USER LICENSE AGREEMENT (“LICENSE AGREEMENT”)
PLEASE READ THE FOLLOWING LICENSE AGREEMENT CAREFULLY BEFORE YOU START USING THE SOFTWARE.
TO ENTER INTO THIS LICENSE AGREEMENT, YOU MUST BE AN ADULT. IF YOU ARE A CHILD, YOU MUST ASK ONE OF YOUR PARENTS OR LEGAL GUARDIAN TO READ AND ACCEPT THIS LICENSE AGREEMENT FOR YOU. PARENT(S) OR HOLDER(S) OF PARENTAL RESPONSIBILITY MUST ACCEPT THIS LICENSE AGREEMENT ON YOUR BEHALF AND TAKE FULL RESPONSIBILITY FOR ALL OBLIGATIONS IMPOSED ON AN END USER PURSUANT TO THE TERMS OF THIS LICENSE AGREEMENT.
BY RUNNING THE SOFTWARE, OR CLICKING THE BUTTON INDICATING YOUR ACCEPTANCE IN THE WINDOW CONTAINING THE LICENSE AGREEMENT, OR ENTERING CORRESPONDING SYMBOL(S) YOU REPRESENT THAT YOU ARE AN ADULT AND ARE EITHER ACCEPTING THIS LICENSE AGREEMENT ON BEHALF OF YOURSELF OR YOUR CHILD AND YOU TAKE FULL RESPONSIBILITY FOR ALL OBLIGATIONS IMPOSED ON AN END USER PURSUANT TO THE TERMS OF THIS LICENSE AGREEMENT.
ALSO RUNNING THE SOFTWARE, OR CLICKING THE BUTTON INDICATING YOUR ACCEPTANCE IN THE WINDOW CONTAINING THE LICENSE AGREEMENT, OR ENTERING CORRESPONDING SYMBOL(S) CONSTITUTES YOUR UNCONDITIONAL ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT AND ENTITLES YOU THE RIGHT TO USE THE SOFTWARE IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.
IF YOU DO NOT AGREE WITH THE TERMS OF THIS LICENSE AGREEMENT OR YOU ARE NOT AN ADULT, YOU MUST ABORT THE INSTALLATION OF THE SOFTWARE AND/OR DELETE THE SOFTWARE.
IF LICENSE CONTRACT OR SIMILAR DOCUMENT ACCOMPANIES SOFTWARE, TERMS OF THE SOFTWARE USE DEFINED IN SUCH DOCUMENT PREVAIL OVER THE CURRENT LICENSE AGREEMENT.
SECTION A. GENERAL PROVISIONS
1.1. Software means software including any Updates and related materials.
1.2. Standard version of the Software means free of charge version of the Software.
1.3. Extended version of the Software means version of the Software which functionality is available only after activation or key file installation.
1.4. Rightholder (owner of all rights, whether exclusive or otherwise to the Software) means Northguard ApS, a company incorporated according to the laws of the European Union and Denmark.
1.5. 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 and/or used.
1.6. Web-Portal means services, including Personal Cabinet and Northguard Protection Center, provided by the Rightholder and used for management of the installed Software and granted Licenses, as well as for the storage of information obtained from the Software, described in Clause 4.
1.7. 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.
1.8. Partner(s) means organizations or individual(s), who distributes the Software based on an agreement and license with the Rightholder.
1.9. Update(s) means all upgrades, revisions, patches, enhancements, fixes, modifications, copies, additions or maintenance packs etc.
1.10. User Manual means user manual, administrator guide, reference book and related explanatory or other materials.
1.11. Grace period means a limited period of time, starting from the expiration of the period of effective use of the Extended version of the Software, during which the Software operates without changing the available functionality.
1.12. User Account means the personal section of the Web-Portal created using data provided by the User when registering at the Web-Portal. The User Account allows the User to gain access to the Web-Portal to carry out the actions listed under pt. 1.6.
2. Grant of License
2.1. The Rightholder hereby grants You a non-exclusive license to store, load, install, execute, and display (to “use”) the Software on a specified number of Computers in order to assist in protecting Your Computer on which the Software is installed, from threats described in the User Manual, according to the all technical requirements described in the User Manual and according to the terms and conditions of this Agreement (the “License”) and you accept this License:
Trial Version. If you use the trial version of the Extended version of the Software you may use it only for evaluation purposes and only for the single applicable evaluation period, from the date of the initial trial version’s activation. Any use of the Extended version of the Software for other purposes or beyond the applicable evaluation period is strictly prohibited.
Multiple Environment Software; Multiple Language Software; Dual Media Software; Multiple Copies; Bundles. If you use different versions of the Software or different language editions of the Software, if you receive the Software on multiple media, if you otherwise receive multiple copies of the Software, or if you received the Software bundled with other software, the total permitted number of your Computers on which all versions of the Software are installed shall correspond to the number of computers specified in licenses you have obtained from the Rightholder provided that unless the licensing terms provide otherwise, each acquired license entitles you to install and use the Software on such a number of Computer(s) as is specified in Clauses 2.2 and 2.3.
2.2. If the Software was acquired on a physical medium You have the right to use the Extended version of the Software for protection of the number of Computer(s) as is specified on the Software package or as specified in an additional agreement.
2.3. If the Software was acquired via the Internet You have the right to use the Extended version of the Software for protection of the number of Computers as was specified when You acquired the License to the Software or as specified in an additional agreement.
2.4. You have the right to make a copy of the Software solely for back-up purposes and only to replace the legally owned copy if such copy is lost, destroyed or becomes unusable. This back-up copy cannot be used for other purposes and must be destroyed when you lose the right to use the Software or when Your license expires or is terminated for any other reason according to the legislation in force in the country of your principal residence or in the country where You are using the Software.
2.5. To use the Software you may need to connect the Software to the Web-Portal using Your User Account.
2.6. From the time of the Software installation You have the right to receive the following services from the Rightholder or Partners:
– 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 and Technical Support telephone hotline;
– Access to information and auxiliary resources of the Rightholder.
3. Activation and Term
3.1. 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 Extended version of the Software or the license key file installation. 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.
3.2. If the Software was acquired on a physical medium, the Extended version of the Software can be used, upon your acceptance of this Agreement, for the period that is specified on the package commencing upon acceptance of this Agreement or as specified in an additional agreement.
3.3. If the Software was acquired via the Internet, the Extended version of the Software can be used, upon your acceptance of this Agreement, for the period that was specified during acquisition or as specified in an additional agreement.
3.4. The duration of the evaluation period for the Extended version of the Software is limited to a single applicable evaluation period (30 days) from the time of the Software’s activation. If the Rightholder changes the duration of the evaluation period You will be informed via notification.
3.5. Your License to Use the Extended version of the Software is limited to the period of time as specified in Clauses 3.2 and 3.3 and the remaining period can be viewed via the means described in the User Manual.
3.6. After expiration of the period of effective use of the Extended version of the Software the right may be granted to use the Software during the Grace period. Information about the length of the Grace period can be viewed via the means described in the User Manual. The Grace period is not granted when use of the Software is in accordance with section 3.4.
3.7. After expiration of the period of effective use of the Extended version of the Software as specified in Clause 3.5 and the Grace period (if granted) functionality of the Extended version of the Software will be limited to functionality of the Standard version of the Software.
3.8. If You have acquired Software that is intended to be used on more than one Computer then Your License to Use the Extended version of the Software is limited to the period of time starting from the date of activation of the Software or the license key file installation on the first Computer.
3.9. Without prejudice to any other remedy in law or in equity that the Rightholder may have, in the event of any breach by You of any of the terms and conditions of this Agreement, the Rightholder shall at any time without notice to You be entitled to terminate this License to use the Software without refunding the purchase price or any part thereof.
3.10. You agree that in using the Software and in using any report or information derived as a result of using this Software, you will comply with all applicable international, national, state, regional and local laws and regulations, including, without limitation, privacy, copyright, export control and obscenity law.
3.11. Except as otherwise specifically provided herein, you may not transfer or assign any of the rights granted to you under this Agreement or any of your obligations pursuant hereto.
3.12. If You have acquired the Software with activation code valid for language localization of the Software of that region in which it was acquired from the Rightholder or its Partners, You cannot activate the Software with applying the activation code intended for other language localization.
3.13. If You have acquired the Software intended for operation with particular telecoms operator such the Software may be used only for operation with operator specified during acquisition.
3.14. In case of limitations specified in Clauses 3.12 and 3.13 information about these limitations is stated on package and/or website of the Rightholder and/or its Partners.
3.15. The period of use of the Standard version of the Software is not limited by the Rightholder.
4. Communication with the Web-portal and provision for information for Web-portal
4.1. In case of loss or theft of the Computer, the User has the possibility to use Web-Portal and the appropriate settings which are described in the User Manual to obtain from the Software the information needed to track the Computer’s location, to receive photos made by the Computer’s camera (if available), to receive information about a phone number in case of a change of SIM card, as well as the ability to lock(unlock) access to the Computer and/or information on it. For access to the Web-portal, it is necessary to use Your Northguard Account.
4.2. You acknowledge and agree that actions described in Clause 4.1 may be used by You to thwart illegal use of the Computer by third party only.
4.3. The data described in Clause 4.1 as well as Your e-mail and other data provided by You in the registration process of Your Northguard account will be transferred to and then processed by the Rightholder’s trusted third party providers. The above mentioned third party providers may process this data in countries which have data protection standards that are less protective than the data protection standard in Your country of residence.
4.4. You are responsible for saving the confidential information of Your Northguard Account.
4.5. You are responsible for any actions on the Web-Portal through Your Northguard Account. You acknowledge and agree that the Rightholder has no liability for unauthorized use of Your Northguard Account.
4.6. Northguard ApS may make usage of the Web Portal obligatory for some regions. When installing the product on the computer, you may choose a region that is different from the country of your residence. If usage of the Web Portal is optional for the region you have chosen, you may opt out of having your data processed as described in clauses 4.1 and 4.3 by making the corresponding changes to the product settings.
4.7. You acknowledge and agree that the Rightholder is not responsible for any delays and failures caused by the quality of the services provided by Your Internet or mobile provider.
5. Technical Support
5.1. The Technical Support described in Clause 2.6 of this Agreement is provided to users of the Software when the latest Update is installed in accordance with Technical Support rules.
6. Receiving informational and advertising materials
6.1. You acknowledge, accept and agree to receive informational materials via the Software from the Rightholders and/or Partners to improve the protection level of the Computer.
7.1. You shall not emulate, clone, rent, lend, lease, sell, modify, decompile, or reverse engineer the Software or disassemble or create derivative works based on the Software or any portion thereof with the sole exception of a non-waivable right granted to You by applicable legislation, and you shall not otherwise reduce any part of the Software to human readable form or transfer the licensed Software, or any subset of the licensed Software, nor permit any third party to do so, except to the extent the foregoing restriction is expressly prohibited by applicable law. Neither Software’s binary code nor source may be used or reverse engineered to re-create the program algorithm, which is proprietary. All rights not expressly granted herein are reserved by Rightholder and/or its suppliers, as applicable. Any such unauthorized use of the Software shall result in immediate and automatic termination of this Agreement and the License granted hereunder and may result in criminal and/or civil prosecution against You.
7.2. You shall not transfer the rights to use the Software to any third party except as set forth in additional agreement.
7.3. You shall not provide the activation code and/or license key file to third parties or allow third parties access to the activation code and/or license key which are deemed confidential data of Rightholder and you shall exercise reasonable care in protecting the activation code and/or license key in confidence provided that you can transfer the activation code and/or license key to third parties as set forth in additional agreement.
7.4. You shall not rent, lease or lend the Software to any third party.
7.5. You shall not use the Software in the creation of data or software used for detection, blocking or treating threats described in the User Manual.
7.6. The Rightholder has the right to block the key file or to terminate Your License to use the Software in the event You breach any of the terms and conditions of this Agreement and without any refund to You.
7.7. If You are using the trial version of the Extended version of the Software You do not have the right to receive the Technical Support specified in Clause 5 of this Agreement and You don’t have the right to transfer the license or the rights to use the Software to any third party.
7.8. You shall not use the Software with the purpose of executing illegal actions, including tracking and obtaining confidential information for use against a third party.
7.9. Violation of the intellectual rights to the Software shall result in civil, administrative or criminal liability in accordance with the law.
8. Limited Warranty and Disclaimer
8.1. The Rightholder guarantees that the Software will substantially perform according to the specifications and descriptions set forth in the User Manual provided however that such limited warranty shall not apply to the following: (w) Your Computer’s deficiencies and related infringement for which Rightholder’s expressly disclaims any warranty responsibility; (x) malfunctions, defects, or failures resulting from misuse; abuse; accident; neglect; improper installation, operation or maintenance; theft; vandalism; acts of God; acts of terrorism; power failures or surges; casualty; alteration, non-permitted modification, or repairs by any party other than Rightholder; or any other third parties’ or Your actions or causes beyond Rightholder’s reasonable control; (y) any defect not made known by You to Rightholder as soon as practical after the defect first appears; and (z) incompatibility caused by hardware and/or software components installed on Your Computer.
8.2. You acknowledge, accept and agree that no software is error free and You are advised to back-up the Computer, with frequency and reliability suitable for You.
8.3. You acknowledge, accept and agree that Rightholder is not responsible or liable for data deletion authorized by You. The mentioned data may include any personal or confidential information.
8.4. The Rightholder does not provide any guarantee that the Software will work correctly in case of violations of the terms described in the User Manual or in this Agreement.
8.5. The Rightholder does not guarantee that the Software will work correctly if You do not regularly download Updates specified in Clause 2.6 of this Agreement.
8.6. The Rightholder does not guarantee protection from the threats described in the User Manual after the expiration of the period specified in Clause 3.5 of this Agreement or after the License to use the Software is terminated for any reason.
8.7. You acknowledge that the Software will be provisioned with Northguard standard settings applied by default and that it is Your sole responsibility to configure the Software to satisfy Your own requirements.
8.8. THE SOFTWARE IS PROVIDED “AS IS” AND THE RIGHTHOLDER MAKES NO REPRESENTATION AND GIVES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW THE RIGHTHOLDER AND ITS PARTNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EXPRESSED OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR APPLICABILITY FOR A PARTICULAR PURPOSE. YOU ASSUME ALL FAULTS, AND THE ENTIRE RISK AS TO PERFORMANCE AND RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING THE FOREGOING PROVISIONS, THE RIGHTHOLDER MAKES NO REPRESENTATION AND GIVES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE WILL MEET ANY OR ALL YOUR REQUIREMENTS WHETHER OR NOT DISCLOSED TO THE RIGHTHOLDER.
9. Exclusion and Limitation of Liability
9.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE RIGHTHOLDER OR ITS PARTNERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR LOSS OF PRIVACY, FOR CORRUPTION, DAMAGE AND LOSS OF DATA OR PROGRAMS, FOR FAILURE TO MEET ANY DUTY INCLUDING ANY STATUTORY DUTY, DUTY OF GOOD FAITH OR DUTY OF REASONABLE CARE, FOR NEGLIGENCE, FOR ECONOMIC LOSS, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, OR ARISING OUT OF ANY BREACH OF CONTRACT OR ANY TORT (INCLUDING NEGLIGENCE, MISREPRESENTATION, ANY STRICT LIABILITY OBLIGATION OR DUTY), OR ANY BREACH OF STATUTORY DUTY, OR ANY BREACH OF WARRANTY OF THE RIGHTHOLDER OR ANY OF ITS PARTNERS, EVEN IF THE RIGHTHOLDER OR ANY PARTNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT IN THE EVENT THE RIGHTHOLDER AND/OR ITS PARTNERS ARE FOUND LIABILE, THE LIABILITY OF THE RIGHTHOLDER AND/OR ITS PARTNERS SHALL BE LIMITED BY THE COSTS OF THE SOFTWARE. IN NO CASE SHALL THE LIABILITY OF THE RIGHTHOLDER AND/OR ITS PARTNERS EXCEED THE FEES PAID FOR THE SOFTWARE TO THE RIGHTHOLDER OR THE PARTNER (AS MAY BE APPLICABLE).
NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS ANY CLAIM FOR DEATH AND PERSONAL INJURY. FURTHER IN THE EVENT ANY DISCLAIMER, EXCLUSION OR LIMITATION IN THIS AGREEMENT CANNOT BE EXLUDED OR LIMITED ACCORDING TO APPLICABLE LAW THEN ONLY SUCH DISCLAIMER, EXCLUSION OR LIMITATION SHALL NOT APPLY TO YOU AND YOU CONTINUE TO BE BOUND BY ALL THE REMAINING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS.
10. GNU and Other Third Party Licenses
10.1. 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 contacting Northguard or the source code is supplied with the Software. 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.
11. Intellectual Property Ownership
11.1. You agree that the Software and the authorship, systems, ideas, methods of operation, documentation and other information contained in the Software, are proprietary intellectual property and/or the valuable trade secrets of the Rightholder or its partners and that the Rightholder and its partners, as applicable, are protected by civil and criminal law, and by the law of copyright, trade secret, trademark and patent of the Russian Federation, European Union and the United States, as well as other countries and international treaties. This Agreement does not grant to You any rights to the intellectual property including any the Trademarks or Service Marks of the Rightholder and/or its partners (“Trademarks”). You may use the Trademarks only insofar as to identify printed output produced by the Software in accordance with accepted trademark practice, including identification of the Trademark owner’s name. Such use of any Trademark does not give you any rights of ownership in that Trademark. The Rightholder and/or its partners own and retain all right, title, and interest in and to the Software, including without limitation any error corrections, enhancements, Updates or other modifications to the Software, whether made by the Rightholder or any third party, and all copyrights, patents, trade secret rights, trademarks, and other intellectual property rights therein. Your possession, installation or use of the Software does not transfer to you any title to the intellectual property in the Software, and you will not acquire any rights to the Software except as expressly set forth in this Agreement. All copies of the Software made hereunder must contain the same proprietary notices that appear on and in the Software. Except as stated herein, this Agreement does not grant you any intellectual property rights in the Software and you acknowledge that the License, as further defined herein, granted under this Agreement only provides you with a right of limited use under the terms and conditions of this Agreement. Rightholder reserves all rights not expressly granted to you in this Agreement.
11.2. You acknowledge that the source code, activation code and/or license key file for the Software are proprietary to the Rightholder and constitutes trade secrets of the Rightholder. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software in any way.
11.3. You agree not to modify or alter the Software in any way. You may not remove or alter any copyright notices or other proprietary notices on any copies of the Software.
12. Governing Law
12.1. Except as provided in Clauses 12.2 and 12.3 below, this Agreement shall be governed by and construed in accordance the laws specified below for the country or territory in which you obtained the Software, without reference to or application of conflicts of laws principles:
a. Russia. If you obtained the Software in Russia, the laws of the Russian Federation.
b. United States, Puerto Rico, American Samoa, Guam, and U.S. Virginia Islands. If you obtained the Software in the United States, Puerto Rico,
American Samoa, Guam or the U.S. Virgin Islands, the laws of the State of Massachusetts, USA, provided, however, that the laws of the U.S. state where you live will govern claims under state consumer protection, unfair competition, or similar laws. To the fullest extent permitted by law, the Rightholder and you expressly agree hereby to waive any right to a trial by jury.
c. Canada. If you obtained the Software in Canada, the laws of the Province of Ontario.
d. Mexico. If you obtained the Software in Mexico, the federal laws of the Republic of Mexico.
e. European Union (EU). If you obtained the Software in a member country of the EU, the laws of Denmark.
f. Australia. If you obtained the Software in Australia, the laws of the State or Territory in which you obtained the license.
g. Hong Kong Special Administration Region (SAR) and Macau SAR. If you obtained the Software in Hong Kong SAR or Macau SAR, the laws of Hong Kong SAR.
h. Taiwan. If you obtained the Software in Taiwan, the laws of Taiwan.
i. Japan. If you obtained the Software in Japan, the laws of Japan.
j. Any Other Country or Territory. If you obtained the Software in any other country, the substantive laws of the country where the purchase took place would be in effect.
12.2. Notwithstanding the foregoing, if the mandatory laws or public policy of any country or territory in which this Agreement is enforced or construed prohibit the application of the law specified herein, then the laws of such country or territory shall instead apply to the extent required by such mandatory laws or public policy. Similarly, if you are an individual consumer, the provisions of Clause 12.1 shall not affect any mandatory right you may have to take action in your country of residence under the laws of that country.
12.3. 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.
12.4. The End User is responsible for contacting only the Right Holder or their partners directly if having any problems with the product.
13. Period for Bringing Actions
13.1. 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.
14. Entire Agreement; Severability; No Waiver
14.1. This Agreement is the entire agreement between you and Rightholder and supersedes any other prior agreements, proposals, communications or advertising, oral or written, with respect to the Software or to subject matter of this Agreement. You acknowledge that you have read this Agreement, understand it and agree to be bound by its terms. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, void, or unenforceable for any reason, in whole or in part, such provision will be more narrowly construed so that it becomes legal and enforceable, and the entire Agreement will not fail on account thereof and the balance of the Agreement will continue in full force and effect to the maximum extent permitted by law or equity while preserving, to the fullest extent possible, its original intent. No waiver of any provision or condition herein shall be valid unless in writing and signed by you and an authorized representative of Rightholder provided that no waiver of any breach of any provisions of this Agreement will constitute a waiver of any prior, concurrent or subsequent breach. Rightholder’s failure to insist upon or enforce strict performance of any provision of this Agreement or any right shall not be construed as a waiver of any such provision or right.
15. Class Action Waiver and Binding Arbitration
15.1. If you reside in the United States, this Clause 15 applies to you. If a dispute, claim, or controversy of any kind with respect to any Northguard ApS product, service, or any part of this agreement, arises between You and Northguard ApS or You and a third-party affiliate of Northguard ApS, and both parties couldn’t resolve the dispute informally within a reasonable period of time, You and the other party agree to binding individual arbitration before the American Arbitration Association (“AAA”) under the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury. Any proceedings, including but not limited to class action lawsuits, class-wide arbitrations, private attorney-general actions, the combining of individual actions without the consent of all parties, or any other legal procedure where someone acts in a representative capacity, are not permitted. By accepting this agreement, You agree not to begin or participate in any of the above mentioned class and multi-party proceedings, and any action pursued by You and remedy, if any awarded to You, must be on an individual basis, as provided in this clause. In the event of a binding individual arbitration proceeding between parties, a neutral arbitrator will decide and the arbitrator’s decision will be final except for a limited right of appeal under the FAA. If any conflict exists between this agreement and the rules of the AAA, this agreement shall govern.
15.2. Any dispute, claim, or controversy concerning Northguard ApS’ intellectual property rights, their enforcement, validity, etc., and any claim pertaining to any form of unauthorized use, including but not limited to theft and piracy, of any Northguard ApS product or service are not subject to this arbitration clause.
16. Rightholder 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 Service Department at:
5250, Odense SV
Web site: www.northguard.com
SECTION B. CONDITIONS REGARDING DATA PROCESSING
Please read the conditions of the Section “Conditions regarding data processing.” This Section describes data received from You and/or from Your Computer and the manner by which the Rightholder will process data for the performance of this License Agreement. If the Software is used within a legal entity or on the Computer used by several individuals, You must ensure that they have understood and accepted the conditions of the Section “Conditions regarding data processing” before they use the Software.
1. For the Rightholder and/or its Partners to fulfill their obligations under this License Agreement, the Rightholder needs to receive and process information described in Section B Clause 1 for the declared purposes. Such information may be considered personal according to applicable laws of certain countries.
Software activation and verification of the legality of Software use.
The Rightholder has to verify that the license You will use is legal during activation and use of the Software. To do so the Rightholder has to process and receive the following information about the Software, the license You have acquired, and the Computer where You will install the Software, specifically: the type, version and localization of the installed Software, versions of the installed updates, the identifier of the Computer and the identifier of the Software installation on the Computer, the activation code and the unique identifier of activation of the current license, the type, version and word size of the operating system, the name of the virtual environment if the Software is installed in the virtual environment, and identifiers of the Software components that are active at the time the information is provided.
Management of Computer protection and acquired licenses via the Web-Portal.
The Web Portal helps You remotely manage Your acquired licenses and the protection of your Computer. This functionality requires that the Rightholder receive from Your Computer and process information about the Software, the acquired license, information about the Computer, specifically:
User’s email address
User’s reply to captcha
One-time password for two-factor authentication
Unique user identifier
Unique device identifier on the portal
Unique temporary device identifier on the portal
Account type (user or admin)
Flag indicating whether the user agrees to provide his / her e-mail address to receive personalized marketing offers
Personal data – first name and last name (optional)
One-time password to connect the application automatically
General information about the user’s device including: unique device identifier, device’s network name, device type, operating system type, operating system version
General information about licenses used in the application including: license type, current license status, service information about license, activation error, license expiration date and time, feature array
Device token type
Unique ID of user-device binding
Flag indicating whether anti-virus protection is turned on
Flag indicating whether anti-virus databases are up-to-date
Flag indicating whether the device is blocked
Flag indicating whether Privacy Protection is turned on
Flag indicating whether Internet Protection is turned on
Flag indicating whether the Locate command can be performed on the device
Flag indicating whether the Mugshot command can be performed on the device
Flag indicating whether the Wipe Data command can be performed on the device
Flag indicating whether a SIM card is installed on the device and data can be transmitted via the SIM card
Type of Anti-Theft command
Command execution result:
Error code if the command was not executed
Device coordinates if the Locate command was successfully executed
Performance of core functionality of the acquired Software.
The core functionality of the Software as described in the User Manual is to protect the End User from known threats to information security. To provide this core functionality, while You are using the Software the Rightholder has to receive from Your Computer and process information about the installed Software, the acquired license, the scanned objects, detected threats and infections on the Computer, information about the Computer and devices connected thereto, the Computer’s activity on the internet, specifically:
Name of the detected object (file)
MD5 hash sum of the detected object (APK file)
URL, which refers to the requested information
URL address of the page with personal data removed
Name of the detected object according to the Northguard ApS classification
Identifier of the anti-virus database record on which the verdict is based
Database release time
Application package name
Name of store from which the application was downloaded
Public key used to sign the APK file
Hash sum of certificate used to sign the APK file
Active license ID
Unique identifier of the application installation
Unique identifier of the update task launch
Full application version
Serial number of current license
Current license ticket ID
Unique build ID from PPCS service
Current license type
Current license status
Number of days left before the key expires
Number of days since the key installation date
Number of days since the license expired
Flag indicating whether the KSN Statement was accepted
Production product version
MD5 hash sum of the DEX file of the installed application
MD5 hash sum of the APK file of the installed application
Flag indicating whether the application is in the system catalog
Flag indicating whether the application has Device Administrator rights
Flag indicating whether the application is a default SMS messenger
Flag indicating whether the application uses accessibility services
Permissions granted dynamically to the application
Name of the APK file that is being installed
Path to the APK file that is being installed
Package name (or bundle name) from AndroidManifest.xml
Application version from AndroidManifest.xml
MD5 hash sum of the DEX file of the installed application
MD5 hash sum of the APK file of the installed application
Serial number of the certificate that was used to sign the APK file
Issuer of the certificate that was used to sign the APK file
Public key used to sign the APK file
Hash sum of the certificate used to sign the APK file
Date when the file was signed
Date when the certificate was issued
Date when the certificate expires
Application verdict status
Method used to get the application verdict
SHA-256 hash sum of the device (MAC + user ID)
Detection technology version
Website IP address
Website certificate hash sum
2. If You decide not to provide the information necessary for the Rightholder to perform its obligations under this License Agreement as indicated in the Section “Conditions regarding data processing,” You do not agree to the conditions of this License Agreement. In this case, please discontinue installation and/or remove the Software.
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