IMPORTANT LEGAL NOTICE TO ALL USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT BEFORE YOU START USING THE SOFTWARE
BY USING OR ACCESSING THE WEBSITE OF THE SOFTWARE, YOU CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. THIS ACTION IS AN INDICATION OF YOUR SIGNATURE AND YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT AND AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU NEED TO STOP USING THE WEBSITE.
If there is a separate agreement entered into between Licensor (definition is provided in Clause 1.2) and Customer (definition is provided in Clause 1.3), or between Customer and the corresponding authorized distributor of the Licensor, to the extent the separate agreement (“Separate Agreement”) between Licensor or authorized distributor and Customer conflicts with any provisions of this Agreement, such Separate Agreement shall prevail.
1.1 Software means the products, websites, and/or services which this Agreement accompanies which may include hosting, software integration, technology outsourcing, instruction sets, and any related documentation.
1.2 Material(s) means information and objects available within the Software, regardless of their form, including but not limited to program code, applications, videos, images, diagrams and text available to the Customer during use of the Software.
1.3 Licensor means Kaspersky Lab Switzerland GmbH, a company that has all necessary rights in, including but not limited to intellectual property rights, to license the Software to Customer.
1.4 Customer means the individual or entity and its Affiliates that has executed this Agreement and ordered the Software from Licensor or its authorized distributors.
1.5 Affiliate(s) is defined as any entity which is directly or indirectly under the control of, controlled by, or under common control with Customer, with control being defined as ownership of more than fifty percent (50%) of the voting shares or other controlling interest.
1.6 User Manual means user manual, administrator guide, reference book and related explanatory or other materials.
2.1 Licensor grants to Customer a limited, non-exclusive, non-transferable license (“License”) to access and use the Software according to the terms and conditions of this Agreement.
2.2 To use the Software, the Customer must have an account on the Licensor’s Web resource kasperskyxtraining.com or its regional nodes (the “Portal”). Data relating to the Customer’s account must not be disclosed to any third party. The Customer is responsible for any activity performed on the Portal using the Customer’s account. The Rightholder reserves the right to refuse registration and limit or block the Customer’s account from accessing the Software in case where a User violates the provisions and limitations of this Agreement.
2.3 The Licensor reserves the right to change the Software, its components, including the Web resource address at any time.
2.4 The Licensor reserves the right to amend this Agreement, including creating new or additional conditions or provisions regarding the Software use, at any time. These amendments shall take effect immediately upon their inclusion in the Agreement and publication of the new version of the Agreement by the Rightholder. If the User continues to use the Software, the User is deemed to have agreed to such amendments.
2.5 Licensors and/or its suppliers, as applicable, shall retain all right, title and interest to the Software including all patents, copyrights, trademarks, trade secrets, and other proprietary rights thereto. Customers may not make copies of the Software. Customer will not, nor will Customer authorize any third party to, (i) modify, translate, localize, or create derivative works of the Software, (ii) distribute, sell, lend, rent, transfer, convey, decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying user interface techniques, or algorithms of the Software by any means whatsoever, for any purpose whatsoever, (iii) grant any sublicense, leases, or other rights in the Software to any third party, (iv) take any action that would cause the Software to be placed in the public domain, (v) remove or disable security features of the Software, (vi) publish, post, upload, e-mail, distribute, or disseminate (collectively, “Transmit”) any inappropriate, profane, defamatory, misleading, infringing, obscene, indecent, or unlawful content, (vii) Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person’s computer, Licensor’s sites, any software or hardware, or telecommunications equipment, (viii) remove trademark or copyright notices from Software, or (ix) use Software in violation of law.
3. Customer Obligations.
3.1 In order to support the Customer in completing practical exercises as part of use of the Software, the Licensor will provide access to Materials, including a sample of malware code and viruses, through the Software. All Materials are provided solely for informational and educational purposes. The Materials are provided only through the Software, and the Customer may not download, copy, distribute, or create derivative works of the Materials. The Customer must comply with all applicable laws during use of the Software and Materials.
3.2 Customer must comply with, and may not work around, any technical limitations in the Software and will comply with all applicable laws in connection with its use of the Software. Customer’s access to the Software may be immediately terminated in the event that Licensor determines that Customer is not using the Software in compliance with the terms of the license.
3.3 Customer is obliged to secure that (i) all content provided by Customer, including but not limited to images, text, etc., does not infringe or otherwise violate third party rights and (ii) all necessary approvals from third parties in relation to the use thereof are obtained, if required.
3.4 Customer shall not provide to third parties or allow to third party access to an activation code or other codes used to access to Software, which are deemed confidential data of Licensor.
3.5 Customer shall indemnify, defend, and hold Licensor and its suppliers harmless against any and all losses, damages, claims, or liabilities of any nature that are threatened, brought against, or incurred by Licensor and/or its suppliers (including reasonable attorneys’ fees) arising out of Customer’s use of the Software.
4. Term and Termination.
4.1 The license expiration date and timeframe when the User can use the license are specified during the purchase of the license. This Agreement shall remain in force for the entire duration of the license (the “License Term”).
4.2 In the event of a violation of this Agreement by the User, the Rightholder may immediately terminate the Agreement and the Software license without written notice. Termination of the Agreement will result in the termination of the User’s right to access and use the Software.
5. Data Processing.
5.1 Licensor processes data in accordance with the “Data Privacy Statement Kaspersky Online Cybersecurity Training for Experts” (“Privacy Statement”). The list of data and purposes of processing data are specified in the Privacy Statement: https://xtraining.kaspersky.com/privacy
6. Technical support.
6.1 During the Initial Term of this Agreement, the Licensor provides to the Customer the Technical support service for the Software in accordance with Technical Support rules. Technical support service and its rules are located at: help.kasperskyxtraining.com
7.1 Customer acknowledges that the Software, related documentation, and other confidential information that may be provided by Licensor and/or its suppliers or its authorized representative (collectively “Confidential Information”) is confidential information of Licensor and/or its suppliers. Customer agrees not to disclose the Confidential Information to third parties or use the Confidential Information other than in connection with its License rights under this Agreement. Customer will use at least the same security measures as Customer uses to protect its own confidential and trade secret information but no less than reasonable measures to protect the Confidential Information. Confidential Information shall not include information: (i) already in Customer’s possession at the time of disclosure, (ii) that is or later becomes part of the public domain through no fault of Customer, or (iii) is required to be disclosed pursuant to law or court order provided that Customer shall notify Licensor prior to such required disclosure and assist Licensor in preventing or limiting such required disclosure.
7.2 Customer agrees and acknowledges that any breach of the provisions regarding ownership or confidentiality contained in this Agreement shall cause Licensor irreparable harm and Licensor may obtain injunctive relief as well as seek all other remedies available to Licensor in law and in equity in the event of breach or threatened breach of such provisions.
8.1 Licensor guarantees that the Software will substantially perform according to the specifications and descriptions set forth in the User Manual. This warranty will not apply if: (i) Software is not used in accordance with the written instructions and recommendations provided by Licensor, including other documentation; (ii) Software or any part thereof has been modified without the prior written consent of Licensor; (iii) the failure of Licensor to function in accordance with the specifications is caused by instabilities or other failures in the proper functioning of Customer’s IT-environment or internet access outages, regardless of the cause.
8.2 CUSTOMER ACKNOWLEDGES THAT ACCESS TO THE SOFTWARE MAY BE DISRUPTED OR ACCESS TO THE SOFTWARE MAY BE UNAVAILABLE FOR REASONS BEYOND LICENSOR’S CONTROL, INCLUDING BUT NOT LIMITED TO ISSUES RELATED TO THE HOSTING ENVIRONMENT FOR THE SOFTWARE. LICENSOR DOES NOT GUARANTEE ACCESS TO THE SOFTWARE OR THAT THE SOFTWARE WILL PERFORM TO ANY PERFORMANCE REQUIREMENTS.
8.3 LICENSOR DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, AND CONDITIONS RELATED TO THE SOFTWARE AND ACCESS TO THE SOFTWARE, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY WITH RESPECT TO THE DOCUMENTATION, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
9. Limitation of Liability.
9.1 IN NO EVENT SHALL LICENSOR OR ANY OF ITS SUPPLIERS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR DATA LOSS, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSOR’S TOTAL LIABILITY RELATED TO THIS AGREEMENT, REGARDLESS OF THE CLAIM, SHALL NOT EXCEED THE AMOUNT OF THE INITIAL SUBSCRIPTION FEE RECEIVED BY LICENSOR FOR THE LICENSE GIVING RISE TO SUCH LIABILITY.
10.1 Any notice required or permitted to be made or given by either party pursuant to this Agreement shall be in writing and shall be deemed sufficiently made and given if sent to the other party, via certified or registered mail, or other express mail service, to the most recent known address of the party.
11. Governing Law.
11.1 Except as provided in Clauses 13.2 and 13.3 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. 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 Licensor and you expressly agree hereby to waive any right to a trial by jury.
b. Canada. If you obtained the Software in Canada, the laws of the Province of Ontario.
c. Mexico. If you obtained the Software in Mexico, the federal laws of the Republic of Mexico.
d. European Union (EU). If you obtained the License Certificate in a member country of the EU, the laws of Germany.
e. Australia. If you obtained the Software in Australia, the laws of the State or Territory in which you obtained the license.
f. 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.
g. Taiwan. If you obtained the Software in Taiwan, the laws of Taiwan.
h. Japan. If you obtained the Software in Japan, the laws of Japan.
i. 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.
11.2 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 13.1 shall not affect any mandatory right you may have to take action in your country of residence under the laws of that country.
11.3 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.
11.4 Customer is responsible for contacting only the Licensor or their suppliers directly if having any problems with the Software.
11.5 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 Customer and an authorized representative of Licensor provided that no waiver of any breach of any provisions of this Agreement will constitute a waiver of any prior, concurrent or subsequent breach. Licensor’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.
12. Period for Bringing Actions.
12.1 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.
13. Information about the Licensor.
Licensor contact information: Bahnhofstrasse 69, 8001 Zürich, Switzerland.