IMPORTANT: This End User Agreement (the “Agreement”) contains the terms and conditions governing access to and use of all of the Services and Software obtained from AVG (each, a “Solution”) by you and any entity or individual you represent or for whose computer, smartphone or other Device you acquire the Solutions (“you”). By clicking the “ACCEPT” or “ACTIVATE” or similar option in connection with this Agreement, you agreed to be bound by these terms and conditions not just with respect to the Solution you are obtaining at the time, but also for any additional Solution you later acquire directly or indirectly through that first Solution, including new and different products or services, or updates and upgrades to a prior Solution, for which you do not accept a separate end user license agreement.
If you do not wish to agree to these terms, please click “DECLINE” or “CANCEL” or “BACK” or any similar option presented with this Agreement. If you do so, you will not be able to use the Solutions covered by this Agreement. If you decline to accept this Agreement, or if you are not satisfied with a Solution for any other reason, you may obtain a refund of the amounts you have paid for the Solutions within the past 30 days by following the instructions here.
AVG may amend this Agreement at any time by notice provided to you in accordance with this Agreement, and your continued use of, or decision not to seek a refund for, any Solution at any point at least 30 days after the notice date will constitute your acceptance of the amendment of this Agreement. AVG may require that you accept the amendment of this Agreement in order to continue using Solutions you have previously purchased. If you decline to accept the amendment of this Agreement, AVG may terminate your use of the affected Solutions, in which case we will refund the amounts you paid for the Solutions (prorated for the unexpired or unused portion of the Subscription Term).
Note that this Agreement comes in two parts. Sections 1 through 11 of this Agreement (the “General Terms”) apply to all Solutions, including those listed below. Section 13 sets out additional terms and conditions (“Special Terms”) that apply to specific Solutions, including AVG Identity Alert, AVG Do Not Track, AVG Security and Safeguard Toolbars, AVG Online Backup Service; Data Seeding, and AVG Personal Support, CloudCare and Managed Workplace. If there is a conflict between the General Terms and the Special Terms, the Special Terms will control with respect to the Solution addressed by those Special Terms.
If you have any questions or concerns about this Agreement or the Solutions to which it relates, please direct them to the AVG contacts shown in Section 12.16.
Note as well that in this Agreement you:
Applicable Conditions, with respect to any Solution, means the Subscription Term for the Solution, whether the Subscription Term automatically extends, the number and type of Devices for which the Solution is authorized, and other similar terms governing use of that Solution. The Applicable Conditions are specified (i) on the checkout payment page if you obtain the Solution over the Internet, from a Mobile App Store or by other electronic means, (ii) by telephone or email communication when you purchase the Solution, or (iii) on the package if you acquired the Solution on CD or other physical medium.
Authorized Purposes means (i) with respect to Free Solutions and Beta Solutions, your personal, noncommercial use, and (ii) with respect to other Solutions, your personal use or internal commercial use, and in each case not for resale or other exploitation for the benefit of a third party.
AVG means AVG Netherlands BV, a company formed under the laws of the Netherlands or, with respect to any Solution, the AVG Group Company providing the Solution to you.
Beta Solution means any Evaluation Solution and any Solution marked or otherwise designated as a beta test version, irrespective of whether payment has been made.
Device means any mobile phone, mobile device, tablet, mobile network appliance, other mobile product (each, a “Mobile Device”), personal computer, Internet-connected device, or any other device supported by AVG as specified in the Applicable Conditions and in the Technical Specifications in respect of the Solution.
Dispute has the meaning ascribed to it by Section 11.1 of this Agreement.
Evaluation Solution means an otherwise paid Solution that AVG provides without receiving payment for trial or evaluation purposes.
Extension Term has the meaning ascribed to it by Section 3.1 of this Agreement.
Free Solution means any Solution other than Beta Solutions that AVG designates as “free” or otherwise provides without charge.
Group Company means, with respect to AVG, an entity controlling, controlled by or under common control with the AVG. “Control,” as used in this section, means ownership of more than 50% of the outstanding voting interest of the applicable entity.
Initial Subscription, for each Solution, means the period beginning on the date you obtain the Solution and continuing for the term (defined by the passage of time, your use of the Solution or another metric) specified by the Applicable Conditions.
Managed Services (or MSP Services) means remote Device monitoring and management services you provide to your customer, including AVG Services you have agreed to provide to such customer pursuant to an agreement between you and such customer.
Mobile App Store means an online store that currently or in the future offers Mobile Solutions, including through the Device itself.
Mobile Solution means a Solution available to you on a Mobile Device platform, e.g., Android, iOS, and Windows Phone.
Personally Identifiable Information means information that can be used to uniquely identify, contact, or locate a single individual or can be used with other sources to uniquely identify a single individual including, as applicable under applicable law, personal data (as the term is used by the EU Data Protection Directive 95/46/EC).
Service means a Solution comprising services.
Software means a Solution comprising software, or software provided in support of a Service, intended to be installed on a Device, and shall include any Updates.
Solution has the meaning set forth in the preamble.
Subscription Term, with respect to each Solution, means the Initial Subscription together with all Extension Terms.
Technical Specifications means the technical documentation applicable to the relevant Software, available at http://www.avg.com/technical-specifications as updated from time to time.
Third Party Materials means software, services, websites, offers and promotions or products provided by any third party and governed by Third Party Terms and Conditions.
Update means content or code AVG deploys to update a Solution including but not limited to new releases or versions of Software, updated malware signatures, spyware definitions, anti-spam rules, virus definitions, URL black or white lists, firewall rules, intrusion detection data, lists of authenticated web pages, and vulnerability data; or any other available update provided by AVG from time to time in connection with a Solution.
US Government means the federal government of the United States of America.
To the extent you purchased your license directly from AVG under a separate written agreement or from an AVG business partner you are paying directly for your Solution, this provision and refund terms set forth in this Agreement may not apply to you. Please refer to your written agreement for subscription periods, renewals and refunds information.
AVG, directly or through a Solution, may present links to or offers for Third Party Materials, all of which are controlled by third parties and most of which are subject to Third Party Terms and Conditions. Please read those conditions carefully before accepting them. AVG is not responsible for the content or performance of any such Third Party Materials, does not warrant or endorse any such Third Party Materials or assume or have any liability whatsoever to you or any third party with respect to such Third Party Materials. If you access, download or use such Third Party Materials, you do so entirely at your own risk.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AVG OR ITS GROUP COMPANIES, AGENTS, LICENSORS, REPRESENTATIVES, SUPPLIERS, DISTRIBUTORS, RESELLERS, WIRELESS CARRIERS OVER WHOSE NETWORK THE SOLUTION IS PROVIDED OR OTHER BUSINESS PARTNERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES WHATSOEVER, WITHOUT REGARD TO CAUSE OR THEORY OF LIABILITY, OR ANY DAMAGES (WHETHER DIRECT OR INDIRECT) NCURRED FOR LOSS OF BUSINESS, PROFITS OR REVENUE, LOSS OF PRIVACY, LOSS OF USE OF ANY DEVICE OR SOLUTION INCLUDING THE SOLUTION, COSTS OF PROCURING SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER PECUNIARY LOSS ARISING OUT OF THIS AGREEMENT OR THE SOLUTION PROVIDED HEREUNDER, EVEN IF AVG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AVG WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, OR ANY CORRUPTION, ERASURE, THEFT, DESTRUCTION, ALTERATION, INADVERTENT DISCLOSURE OR LOSS OF DATA, INFORMATION OR CONTENT TRANSMITTED, RECEIVED OR STORED BY OR IN CONNECTION WITH A SOLUTION REGARDLESS OF THE CAUSE. IN NO EVENT SHALL AVG’S LIABILITY RELATED TO ANY SOLUTION EXCEED THE LESSER OF (I) THE FEES YOU ACTUALLY PAID OR ARE REQUIRED TO PAY FOR THE SOLUTION, AND (II) THE AVG SUGGESTED RETAIL PRICE FOR THE SOLUTION AS OF THE DATE YOU RECEIVED IT OR, WITH RESPECT TO A FREE SOLUTION OR BETA SOLUTION, US$5.00. THE FOREGOING LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS AVG, ITS GROUP COMPANIES, AGENTS, LICENSORS, REPRESENTATIVES, SUPPLIERS, DISTRIBUTORS, RESELLERS AND OTHER BUSINESS PARTNERS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM YOUR USE OF THE SOLUTION OR ANY VIOLATION OF THIS AGREEMENT BY YOU, INCLUDING BUT NOT LIMITED TO ANY BREACH OR ALLEGED BREACH OF ANY OF YOUR REPRESENTATIONS, WARRANTIES, OBLIGATIONS OR UNDERTAKINGS HEREUNDER. AVG RESERVES THE RIGHT TO ASSUME, AT ITS SOLE EXPENSE, THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH AVG IN ASSERTING ANY AVAILABLE DEFENSES.
The following Special Terms apply to certain Solutions. In the event of a conflict between these Special Terms and the remainder of the Agreement, these Special Terms will govern with respect to the applicable Solutions.
The terms of this Section 13.3 apply to Installation Help, Virus Help and other services we market as Personal Support, in each case that you order through www.avg.com (“Personal Support”).
The terms of this Section 13.5 apply to all facets of AVG Online Backup, including the related Data Seeding service.
The terms of this 13.6 apply where the Applicable Conditions authorize you to use CloudCare or Managed Workplace in providing Managed Services to Third Parties.
AVG Business Service means HD Services and/or NOC Services as the context requires.
Customer means a Third Party to whom you provide or wish to provide MSP Services.
HD Services means the helpdesk services AVG or its Third Party supplier provides to you for the benefit of one or more Customers, in each case as described on the AVG Portal, and as AVG may modify the same from time to time.
MSP Territory means the geographic area specified by the Applicable Conditions.
NOC Services means remote Device monitoring and management services AVG or its Third Party supplier provides to you for the benefit of one or more Customers, in each case as described on the AVG Portal, and as AVG may modify the same from time to time.
Service Agreement means an agreement between you and a Customer that, among other things, clearly describes the Services that you has agreed to provide the Customer.
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