License Agreement

1. TERMS AND DEFINITIONS

1.1. Copyright Holder: The limited liability company Doctor Web, registered and existing under the laws of the Russian Federation. Doctor Web is the owner of the exclusive rights to the Software product.

1.2. Software product: “Dr.Web vxCube” software for computers. The Software is implemented in two different versions: a) the cloud-based version, when the Software operates on the Copyright Holder's resources (hereinafter, “Software in the cloud-based version”), and b) the on-premise version, when the Software operates on Your resources (hereinafter, “Software in the on-premise version”). You select which version of the Software You will use when You acquire the Software usage rights. The term “Software”, when used in this Agreement without specifying the version in use, means that all of the relevant terms apply to both versions of the Software.

1.3. You (the User): A legal entity or an individual registered to conduct business activities in the Territory.

1.4. License: A standard (non-exclusive) license to use the Software.

1.5. Curing Utility: A special version of Dr.Web CureIt! software, the exclusive property rights to which belong to the Copyright Holder. Access to this Software can be provided to You over the Internet so that You can neutralize specific information security threats identified while using the Software.

1.6. Device: A computer and the operating system (OS) installed on it.

1.7. Supported Device: A Device on which it is possible to use the Software in accordance with that Software’s documentation.

1.8. Key File: A license key file, generated by the Copyright Holder, for the Software in the on-premise version.

1.9. Security Key: The hardware security key, purchased by You separately, for using the Software in the on-premise version.

1.10. Serial Number: A sixteen-digit alphanumeric code created by the Copyright Holder for the purpose of the subsequent registration of a specific License.

1.11. Territory: The allowed Software usage territory. The allowed Software usage territory is the entire world unless indicated otherwise when the License was acquired or otherwise indicated in the Key File, or the authorization email You received from the Copyright Holder or its duly authorized representative.

2. GENERAL PROVISIONS

2.1. You confirm that You read the Agreement before starting to work with the Software and that You fully accept the terms herein from the moment You start using the Software. You understand that the Software is meant to be used by individuals and legal persons registered to conduct business activities. Therefore, before starting to use the Software, You affirm that:

2.1.1. If a person is concluding this Agreement on Your behalf, this person is authorized to represent Your interests and to enter into agreements on Your behalf;

2.1.2. The person interacting with the Software on Your behalf is an authorized representative that has acquired a standard (non-exclusive) license to use the Software.

2.2. For the Software in the cloud-based version, the terms of this Agreement apply to the use of this Software on the Copyright Holder's resources, to which You are granted access rights. For the Software in the on-premise version, the terms of this Agreement apply to the use of the Software on the Supported Device owned by You.

2.3. If You disagree with these terms and conditions, You have no right to use the Software and must not launch or in any other way interact with the Software. Using the Software in a manner that violates the terms and conditions herein shall be construed as unauthorized use of the Software and may be punishable by law. You must remove the Software in the on-premise version from the Device if You sell the Device, if the Device is lawfully removed from Your possession and/or if You stop using the Device, no later than the date of such a sale, removal from possession, and termination of use.

2.4. Third-party technologies and designs may be incorporated into the Software in cases where the corresponding rights have been acquired under the laws of the Russian Federation, other relevant legislation and international law.

2.5. This Agreement does not grant You any rights to the trademarks, technologies, design features or other intellectual property of the Copyright Holder.

2.6. By accessing the Curing Utility, including by downloading and launching it, You agree and confirm that You have the right to use the Curing Utility within the term of the Agreement and to the extent the Software License allows under this Agreement, including general provisions, applicable usage terms, restrictions and prohibitions, confidentiality conditions, the disclaimer of the Copyright Holder, conditions on applicable law and jurisdiction, and on making changes to the terms and conditions of this Agreement.

3. LICENSING AND USAGE TERMS

3.1. By acquiring the License, You confirm that you have read the Software documentation, description, and usage guide, which are provided additionally for the Software in the on-premise version – and that You know the minimum technical requirements for the Device and the purchase terms for the Security Key, and that You have also made sure that Your Device meets the Software requirements of the on-premise version (this includes having the specific components and updates needed in order for the Software in the on-premise version to operate properly).

3.2. If You purchased the Software in the on-premise version and the Security Key, and have accepted and are complying with the terms and conditions herein in full, You are granted a License to use the Software in the on-premise version as follows:

3.2.1. Use the Software in the on-premise version for its intended purpose, as outlined in the Software usage guide, by installing the Software in the on-premise version, loading it into Your Device’s memory and launching it, using Your unique Software login and password and also using the API Key that You created;

3.2.2. The Copyright Holder may at its own discretion grant You other rights by expressly declaring this in writing or electronically.

3.3. If You are purchasing the Software in the cloud-based version legally and have accepted and are complying with the terms and conditions herein in full, You are granted a License to use the Software in the cloud-based version by:

3.3.1. Using the Software in the cloud-based version for its intended purpose, as outlined in the Software usage guide, by accessing the Software in the cloud-based version over the Internet and by using Your unique Software login and password and also the API Key that You created;

3.3.2. The Copyright Holder may at its own discretion grant You other rights by expressly declaring this in writing or electronically.

3.4. The period for which You are granted the License and other applicable Software usage terms and conditions may be specified in the Key File for the Software in the on-premise version or in the authorization email You received from the Copyright Holder or its duly authorized representative; or these details can be/may have been expressly indicated otherwise when the license is/was being acquired. You understand and accept any negative consequences that may result from Your failure to provide a correct or valid email address.

3.5. Unless otherwise specified at the License acquisition point, the License’s term starts the moment the License is registered. This License contains information about the License and data about You that was provided to Doctor Web at Your request by the person distributing the License to You when the Serial Number for this Software was created, or was specified by You when registering the License. The License is deemed to be automatically registered no later than sixty (60) calendar days after the Serial Number was created unless the License has already been registered by You or by the person who distributed the License to You at Your request. In this case, the validity period for such a License starts on the date that the License is registered automatically.

3.6. You understand and agree that if the Software in the cloud-based version possesses the appropriate functionality, the Software can in the course of its operation:

3.6.1. Interact with the Copyright Holder's resources in cloud mode with the transmission of telemetry information so that the parameters of the scanned files and scan results can be analyzed and You can receive the Software’s verdicts about information security threats;

3.6.2. Arrange the collected information in the form of reports (hereinafter, “Report”) available to You;

3.6.3. Send to the Copyright Holder Reports, file and software information, information about You and Your actions with the Software, and other Software usage information;

3.6.4. Form and provide access to the Curing Utility.

3.7. You hereby permit the Software in the cloud-based version to perform the actions specified in clause 3.6 herein, as they may be conducive to detecting and eliminating information security threats.

3.8. You understand and agree that if the Software in the on-premise version possesses the corresponding functionality, the Software can in the course of its operation:

3.8.1. Interact with your Device, the network, and the files and software installed on Your Device;

3.8.2. With Your permission, collect information about the Device, including information about the files and software located on the Device, the operating system, local and other detected threats that require further research, and also information about You, Your Device, applications installed on your Device, running processes, Your actions involving the Software, as well as other information that may be necessary to detect and neutralize information security threats;

3.8.3. Arrange the collected information in the form of Reports;

3.8.4. Interact with the Copyright Holder's resources in cloud mode with the transmission of telemetry information so that the parameters of the scanned files and scan results can be analyzed and You can receive the Software’s verdicts about the information security threats detected when using the Software;

3.8.5. Form and provide access to the Curing Utility when connecting to the Software in the cloud-based version.

3.9. You hereby permit the Software in the on-premise version to perform the actions specified in clause 3.8 herein, as they may be conducive to detecting and eliminating information security threats.

3.10. The Copyright Holder and/or its duly authorized representative may also use the contact details You specified to request additional information, including information needed to render technical support services to You.

3.11. All actions conducted with the Software, by means of the Software, or related to the Software are considered to be actions committed by You or by the persons who have been authorized to act on Your behalf. The Software is intended to be used on Your Device (for the Software in the on-premise version) and by You as the individual to whom the Software was registered under the terms herein. The provisions stipulated in this clause may not apply if the Copyright Holder has provided You with a hard copy or electronic document that expressly entitles someone else (hereinafter “Other Parties”) to distribute or use the Software. In this case, You are solely responsible for the Software-related actions taken by the Other Parties. Any of the Other Parties’ interactions with the Copyright Holder and/or its duly authorized representative are deemed to be interaction with You.

4. RESTRICTIONS AND PROHIBITIONS

4.1. Without the Copyright Holder’s written consent, You may not modify, decompile, disassemble, or decrypt the Software or perform any other actions with the Software or the Software's object code, including those activities aimed at obtaining information about the Software design features. You are not permitted to modify the Software’s protection mechanism. Knowingly using, distributing, and/or copying the Software with its self-protection mechanism removed or altered is illegal.

4.2. The following actions are expressly prohibited (for You and all parties that are not duly authorized by the Copyright Holder) (whether these actions can be performed is determined exclusively by written permission – a license – granted by the Copyright Holder or its duly authorized representative):

4.2.1. Providing the Software or the ability to use it to a third party; this includes transferring standard (non-exclusive) Licenses to use the Software to a third party and distributing the Software or its usage rights in any form or by any means, unless expressly permitted otherwise by the terms and conditions herein;

4.2.2. Making the Software’s verdicts about information security threats, the Reports, or Report extracts publicly accessible to an indefinite number of people;

4.2.3. Providing third parties with Your unique Software login and password and/or other information for accessing the Software;

4.2.4. Using the Software to process confidential information, including personal data, when You lack the appropriate rights to engage in such processing;

4.2.5. Using the Software to render services and distribute software products and/or equipment, including using the results of the Software’s operation, in software and other paid services and/or equipment;

4.2.6. Pre-installing the Software in the on-premise version or its modules/components on Devices and other equipment; This prohibition does not apply to cases when You stop using the Software in the on-premise version on the Device due to the Device crashing or performing inappropriately or due to the Device’s decommissioning. After removing the Software in the on-premise version from such a Device in accordance with clause 2.3 herein, You have the right to install and use the Software in the on-premise version on a new Supported Device before the Software License expires.

4.3. If the Copyright Holder reasonably suspects that Your unique Software login and password are being accessed without proper authorization or that the Software is being used illegally or that You are violating the Agreement's terms, the Copyright Holder is entitled to suspend Your access to the Software and render the Software temporarily non-operational until the circumstances are examined thoroughly to confirm or disprove the suspicion (without reimbursing You for any possible damage/losses caused by the suspension).

4.4. Prior to publishing or in any other way disseminating the contents of any informational materials related to the Software and the Copyright Holder or to the results of Your interactions with the Software, You must obtain written consent from the Copyright Holder and/or its duly authorized representative regardless of the methods and media used to publish the information or make it otherwise available for any purpose.

4.5. You can only use information resulting from Your interaction with the Software commercially if You obtain the Copyright Holder’s or its duly authorized representative’s prior written consent.

4.6. All the procedures required to receive consent or approval from the Copyright Holder or other copyright owners, when such approval or consent is required, must be conducted by You in advance, independently, and at Your own expense.

4.7. You can only use the Software to process confidential information, including personal data, if You have the appropriate rights to engage in such processing.

5. CONFIDENTIALITY PROVISIONS

5.1. By accepting this Agreement's terms and conditions, You acknowledge that You have also reviewed the terms of the Copyright Holder's Privacy Policy and the personal data processing terms developed and applied by the Copyright Holder for the relevant Software distribution territory.

5.2. The Copyright Holder provides You with the opportunity to review such Copyright Holder privacy policies and personal data processing terms before using the Software.

5.3. You agree that the information about You that the Copyright Holder and/or its duly authorized representative may acquire, including information that may be transmitted when You contact the Copyright Holder's technical support service, may be used by the Copyright Holder and/or its duly authorized representative to send Software-related emails to You at the email address provided by You. You also agree to receive the promotional and service messages that the Copyright Holder and/or its duly authorized representative may send to the email address You specified.

6. SOFTWARE UPDATES

6.1. If updates are made available for the Software and the Copyright Holder still supports the Software, You may receive throughout the license period (via the Internet) Software module updates. For the Software in the on-premise version, updates are provided for the Software in the on-premise version already installed on Your Device.

6.2. All Software updates are an integral part thereof and are used solely in conjunction with the Software under the terms and conditions herein, unless other conditions are established by the Copyright Holder.

6.3. If the Copyright Holder provides technical support for the Software, You are entitled, while Your License is valid, to contact the Copyright Holder’s technical support service or a similar support service operated by the Software distributor that has contracted with the Copyright Holder to provide such services.

7. DISCLAIMER

7.1. The Software and the accompanying documentation are provided to You “AS IS” and “AS AVAILABLE”, without any express or implied warranty of any kind. The Software is not meant to be used and may not be used in information systems where the Software’s failure may cause a data loss, disrupt the Device's operation, endanger the health or life of a human being, or cause other losses and damages of any kind.

7.2. You agree and understand that the Copyright Holder is not and shall not be responsible for any possible losses, damage or other consequences that arise or may arise in, including but not limited to, the following situations:

7.2.1. Due to the incorrect use of the Software and its components/modules, including incidents involving leakage of Your data when using the Software in a manner that violates the requirements for its functional purpose; such requirements are specified in the Software usage guide;

7.2.2. If the Device or its operating system is not fully compatible with the Software in the on-premise version or You fail to install updates or hardware and operating system components or other software that is essential to the Software’s (the on-premise version) ability to operate;

7.2.3. If certain developer-implemented features of the operating system and the other software on Your Device prevent antivirus applications and the Software in the on-premise version from working properly, and in other cases when it is impossible to ensure the Software’s (the on-premise version) operation under certain operating systems and with certain Device components due to constraints beyond the Copyright Holder’s control;

7.2.4. If issues arise while the Software in the on-premise version is being updated, installed, maintained, or used (including compatibility issues involving other programs and operating systems or their components, drivers, hardware, etc.);

7.2.5. If the Software documentation has been misinterpreted;

7.2.6. If the Software or its performance fails to meet Your expectations;

7.2.7. Due to incidents involving leakage of Your data when You acted carelessly and allowed such data to interact with malicious objects being analyzed;

7.2.8. If updates for the Software in the on-premise version or its components/modules can no longer be made available, delivered, or released;

7.2.9. If support is discontinued for some versions of the Software or specific operating system versions are no longer supported, or if system requirements have changed;

7.2.10. If telecom service charges increase;

7.2.11. If You provide or have previously provided incorrect information (including false contact details) or You violate the terms of this Agreement. None of the aforementioned events and circumstances can be deemed sufficient reason to refund the purchase of a License.

7.3. You acknowledge and agree that the Software is intended to analyze the behaviour of malicious objects and is not intended to protect against leaks of data belonging to You that You are analyzing together with malicious objects.

7.4. You hereby acknowledge and agree that the Copyright Holder has no way of controlling how You use telecommunication services and traffic, and, therefore, the responsibility with regard to using telecommunication services and traffic rests solely with You. The Copyright Holder strongly recommends that You back up Your data regularly.

8. APPLICABLE LAW AND JURISDICTION

8.1. The Russian Federation's legislation is deemed the applicable law with regard to Your relationship with the Copyright Holder under the terms herein. The legislation of the country in which Your business is legally registered and/or primarily operates is taken into consideration.

8.2. All disputes related to the terms and conditions herein shall be resolved in the relevant courts at the location of the representative authorized by the Copyright Holder to distribute the Software in Your area (this Agreement’s established jurisdiction).

9. AGREEMENT AMENDMENTS

9.1. The Copyright Holder reserves the unilateral right to refuse to fulfil the Agreement (including in situations when You violate the terms of the Agreement) and to deny You the ability to use the Software without reimbursing You for any damage/losses caused by a refusal of this kind.

9.2. The Copyright Holder can, at its own discretion, make changes to the terms and conditions of this Agreement. You shall be notified when a new version of the Agreement enters into force by a means and within a timeframe acceptable to the Copyright Holder. By continuing to use the Software after a new amendment of the Agreement has entered into force, You have accepted its terms in full.

9.3. The latest version of this Agreement is available at: https://license.drweb.com/agreement/.

10. CONTACT INFORMATION

10.1. The Copyright Holder’s contact information for communicating with You under this Agreement is located at: https://company.drweb.com/contacts/.