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Terms and Conditions

KHSS Evaluation Services Agreement

THIS IS A LEGAL AGREEMENT. BY CLICKING THE "I ACCEPT" BUTTON DISPLAYED AS PART OF THE ORDERING PROCESS, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THIS AGREEMENT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST SELECT THE "I DECLINE" BUTTON AND MAY NOT USE THE SERVICE.

If you are entering into this Agreement on your own behalf, the term "Recipient" means you. If you are entering into this Agreement on behalf of a company or other legal entity, the term "Recipient" means the company or legal entity. The term "Kaspersky" means Kaspersky Lab, Inc., its affiliates and each of their successors and assigns. This Agreement, including all attachments referenced in this Agreement, which are incorporated into this Agreement, contains the entire agreement of the parties concerning its subject matter and replaces any prior or written communications between the parties concerning its subject matter.

Now therefore the parties hereto have agreed to the following:

  1. SERVICES: Attachment A to this Agreement lists the services to be provided to Recipient under this Agreement ("Services") and specifies any additional terms and conditions. Recipient agrees to use and evaluate the Services.
  2. TERM AND TERMINATION: This Agreement terminates on the earlier of: (i) when terminated in accordance with this Section 2 or any other of its express terms; or (ii) the expiration date specified in Attachment A ("Expiration Date"). The Expiration Date may only be extended by Kaspersky's and Recipient's mutual written agreement. Either party may terminate this Agreement with or without cause by providing 10 days prior written notice to the other party.
  3. SERVICES PERIOD: Kaspersky will provide the Services to Recipient on or about the Estimated Delivery Date(s) specified in Attachment A. Kaspersky provides this Estimated Delivery Date(s) to Recipient for planning purposes only. The Evaluation Period will extend from the actual date Kaspersky delivers the Services to Recipient, until the earliest of the following: (i) the Expiration Date specified in Attachment A or revised Expiration Date mutually agreed in writing; (ii) the date of termination of this Agreement; or (iii) the date Recipient acquires a continuing Services license as described in Section 8.
  4. AUTHORIZED USE: Kaspersky provides Services to Recipient solely for use in accordance with the terms of this Agreement and for the purpose(s) described in Attachment A ("Authorized Use"). Recipient may not use the Services for any other purposes. Recipient and Kaspersky acknowledge and agree that Services are being provided to Recipient until the Expiration Date or until this Agreement is terminated (whichever occurs first) without charge.
  5. OWNERSHIP:
    1. Kaspersky retains title to all Services. Recipient may not transfer Services to anyone else.
    2. Recipient agrees that Kaspersky shall own any and all information gained as a result of Recipient's use and evaluation of the Services ("Evaluation Information"). Evaluation Information shall include but not be limited to changes, modifications, corrections and suggested enhancements to the Services. Kaspersky shall have the right to use, at its sole discretion, all such information, including but not limited to use by incorporation of such information into computer programs and documentation for assignment, license, or other transfer to third parties. Kaspersky may use the Evaluation Purpose for any business purpose it may choose (so long as it does not disclose any confidential information of Recipient). Under no circumstances will Kaspersky be liable for any payment to Recipient for any Evaluation Information. Unless otherwise expressly agreed in writing, Kaspersky does not want to receive, and Recipient agrees not to provide, any information that is confidential or proprietary to Recipient or others.
  6. DELIVERY AND IMPLEMENTATION: Kaspersky will provide Services to the location(s) specified in Attachment A. Recipient will provide assistance setting up all Services. Kaspersky will provide reasonable telephone assistance to Recipient with the implementation of all Services during Kaspersky's normal business hours.
  7. CHANGES: Kaspersky may make changes to the Services or may provide additional Services to Recipient during the term of the Agreement. Such additions or deletions will be specified in a revised Attachment.
  8. CONTINUED LICENSING: Recipient must inform Kaspersky, prior to the end of the applicable Evaluation Period, of Recipient's interest in the continued licensing of specific Services. Kaspersky will then notify Recipient in writing of the then current terms and conditions under which Recipient may continue to license such Services.
  9. DISCLAIMER OF WARRANTY: KASPERSKY PROVIDES SERVICES ON AN "AS IS" BASIS. KASPERSKY MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH ITEMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
  10. INFRINGEMENT: If the operation of the Service in accordance with this Agreement becomes, or Kaspersky believes is likely to become, the subject of a claim that it infringes the intellectual property rights of others, Kaspersky may, at its option and expense, (i) secure the right for Recipient to continue using the Service, (ii) modify it so that it becomes non infringing, or (iii) terminate this Agreement with respect to the Service at issue, effective upon written notice. This Section states Kaspersky's entire obligation to Recipient regarding infringement.
  11. CONFIDENTIAL INFORMATION:
    1. Acknowledgment of Trade Secrets. Recipient acknowledges that the Services contain valuable trade secrets and confidential information owned by Kaspersky, the development of which required the expenditure of considerable time and money, including but not limited to the development status and current functionality of the Service(s), the appearance, content and flow of the Services management screens, the method and pattern of user interaction with the Services, and the content of the Services' documentation.
    2. Restrictions. Recipient agrees that Recipient and its employees shall not, directly or indirectly, (i) sell, lease, assign, sublicense or otherwise transfer, (ii) duplicate, reproduce or copy, (iii) disclose, divulge or otherwise make available to any third party, (iv) use except as authorized by this Agreement, or (v) decompile or reverse engineer the Services, including all trade secrets and confidential information therein. Recipient shall take all reasonable precautions to prevent any inadvertent disclosure and unauthorized use, including all trade secrets and confidential information therein, which precautions shall be no less stringent than those Recipient uses to protect its own valuable trade secrets.
    3. Disclosure to Third Parties. Without in any way limiting Subsection 11.b, Recipient specifically acknowledges and agrees that it shall not permit any third party, nor any employee, representative or agent thereof, that develops, markets or licenses services with functionality similar to the functionality of the Services to have access to the Services or to any trade secrets and confidential information therein.
    4. Confidentiality of Evaluation Information. Recipient will not discuss or disclose any Evaluation Information with or to any party either during or for a period of five (5) years after the Evaluation Period.
  12. LIMITATION OF REMEDIES: Regardless of the form of action (whether in contract, tort, breach of warranty or otherwise), IN NO EVENT WILL KASPERSKY BE LIABLE FOR DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST BUSINESS PROFITS AND LOSS, DAMAGE OR DESTRUCTION OF DATA) EVEN IF KASPERSKY HAS BEEN ADVISED OF THE POSSIBILITY OF THE SAME.
  13. GENERAL: Recipient may not assign this Agreement without Kaspersky's prior written consent. Any attempted assignment without such consent is void. Services are to be provided only in the United States. Neither party is responsible for failure to fulfill its obligations under this Agreement due to causes beyond its reasonable control. Neither party may bring an action, regardless of form, arising out of this Agreement more than two years after the cause of action arose. In the event of the termination or expiration of this Agreement, the provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement shall remain in effect beyond such expiration or termination until fulfilled. The laws of the Commonwealth of Massachusetts govern this Agreement. Nothing contained in this Agreement shall be construed as creating a joint venture, partnership, agent or employment relationship between Kaspersky and Recipient. This Agreement (including Attachment A, which is incorporated by reference) constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior proposals, negotiations, conversations, discussions and agreements between the parties concerning the subject matter hereof. No amendment or modification of any provision of this Agreement shall be effective unless the same shall be in writing and signed by both parties. This Agreement shall take effect on the date that the last party hereto executes this Agreement.

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