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Vendor may amend this Agreement at any time by notice provided to you in accordance with this Agreement, and your continued use of any affected Solution at any point at least 30 days after the notice date will constitute your acceptance of the amendment of this Agreement. Vendor may require that you accept the amended Agreement in order to continue using any affected Solution you have previously acquired. If you decline to accept the amended Agreement, Vendor may terminate your use of such affected Solution, in which case you may obtain a refund for the portion of the subscription fee you have paid for the unexpired or unused portion of the Subscription Period by following the instructions found here.
2A.1 Your subscription will automatically renew, and you will be notified in advance of the renewal. Please note that the renewal price may be different to the price you paid for the existing Subscription Period, and the notification in advance of the renewal will include how much the subsequent Subscription Period will cost, when you will be charged and how long the subsequent Subscription Period will last.
2A.2 Unless otherwise cancelled, the Distributor will attempt to take payment from you (using your saved credit card or bank account details), for the subsequent Subscription Period, up to thirty five (35) days in advance of the renewal date.
2A.3 To the extent payment is unable to be taken on the first attempt, the Distributor will make further attempts to take payment up to 15 days after the renewal date and you may be contacted to update your payment details.
2A.4 Upon automatic renewal of your subscription, you will receive a confirmation email which shall include all the key information in respect of your automatic renewal and the duration of the subsequent Subscription Period.
2A.5 You are entitled to switch-off the auto-renewal of your subscription using the process notified to you during the order process for the subscription, meaning that your subscription will come to an end when the then current Subscription Period expires. Once you have elected to cancel the auto-renewal of your subscription, auto-renewal will remain cancelled unless you subsequently agree to a new subscription.
5.1.4. except as authorized by a distribution agreement, reseller agreement or other agreement between you and Vendor or other member of Vendor Group, publish, resell, distribute, broadcast, transmit, communicate, transfer, pledge, rent, share or sublicense any Solution;
5.1.5. except as expressly authorized by this Agreement (including Sections 13.2, 13.5 and 13.7), the Applicable Conditions or another agreement between you and Vendor or other member of Vendor Group, use any Solution to manage the facilities of a third party or grant any third party access to or use of any Solution on a service bureau, timesharing, subscription service or application service provider or other similar basis;
5.1.8. damage, disable or impair the operation of, or gain or attempt to gain unauthorized access to, any Solution or to any property, Devices, software, services, networks or data connected to, or inter-operating with, such Solution, or to any content or data stored, accessed or delivered through such Solution, by any means, including by hacking, phishing, spoofing or seeking to circumvent or defeat any firewalls, password protection or other information security protections or controls of whatever nature;
6.4.2. ANY DAMAGES FOR ANY LOSS OF BUSINESS, PROFITS OR REVENUE, LOSS OF PRIVACY, LOSS OF USE OF ANY DEVICE OR SOLUTION (INCLUDING THE SOLUTION), WASTED EXPENDITURE, COSTS OF PROCURING SUBSTITUTE OR REPLACEMENT GOODS, SERVICES OR DIGITAL PRODUCTS, BUSINESS INTERRUPTION, ANY UNAUTHORIZED DISCLOSURE OR LOSS (INCLUDING ANY CORRUPTION, DEGRADATION OR UNAVAILABILITY) OF ANY DATA OR INFORMATION OF ANY NATURE (WHETHER OR NOT ANY OF THE FOREGOING LOSSES, DAMAGES, COSTS OR EXPENDITURE ARE DIRECT OR INDIRECT LOSSES OR DAMAGES); OR
11.5.1. You may litigate any Dispute in small claims court, in the county or other similar political subdivision in which you reside, if the Dispute meets all requirements to be heard in the small claims court. If you initiate a claim in small claims court, you are responsible for all court costs and fees.
11.6.1. The Consumer Procedures provide for certain fees, specifically allocating some to the consumer (you) and others to the business (Vendor). If your claim is US$75,000 or less, Vendor will pay all of those specified fees and costs, including those allocated to the consumer. Vendor does not agree to bear any other costs. If your claim is more than US$75,000, the Consumer Procedures will govern payment.
The following special terms apply to certain Solutions. If these special terms conflict with the remainder of the Agreement, these special terms will govern and take precedence with respect to the applicable Solutions.
13.2.2. Vendor, subject to the provisions of this Agreement, grants you a limited, non-exclusive, non-transferable license (with no rights to sublicense) during the Subscription Period to use the relevant Solutions (including as applicable Avast Business Services, CCleaner Business Edition or CCleaner Cloud for Business) to provide MSP Services to your Customers.
13.2.3. Vendor, subject to the terms and conditions of this Agreement, will provide you with Solutions (including as applicable Avast Business Services, CCleaner Business Edition or CCleaner Cloud for Business) for the benefit of your Customers.
(b) As between Vendor and you, be solely responsible for: (i) performing your obligations under the Service Agreement; (ii) ensuring that you and all Customers comply with all applicable laws concerning the monitoring of employees and other third parties and their respective Devices; (iii) performing the tasks and obligation assigned to you and Customers by the Agreement, Applicable Conditions and Documentation; and (iv) on the expiration or termination of the applicable Service Agreement, terminating provision of any Solution and removing or causing the Customer to remove or deactivate any Solution from any Devices on which it is used.
13.5.2. By using Family Space, you represent and warrant that: (i) you are 18 years of age or older; and (ii) you have the authority to, and hereby consent to, the collection of data for any person that you include in your Family Space account, including any persons under 13 years old. You acknowledge that members of Vendor Group will collect, use and disclose geographic location and other information necessary to enable the operation and delivery of the Family Space features.
13.5.3. You acknowledge that: (i) results you may obtain from Family Space, including data and messaging, may not be accurate, timely or reliable; (ii) some content you consider objectionable or want to be blocked may not always be blocked by Family Space; (iii) Family Space may sometimes block content that you may consider acceptable; and (iv) because third party content can change without notice, Vendor cannot guarantee that its categories of content and content filters will always stay current with changes in third party content. If you believe Family Space is misclassifying a site or service, please contact Vendor by email at familys...@avast.com.
13.6.1. For any Solution downloaded from Google Play ( ), the license granted by this Agreement is in lieu of any rights to use a Solution that would otherwise be granted by the default terms for applications downloaded from the Google Play Store.
(a) The licenses granted by this Agreement are limited to a non-transferable license to use the Solution on any iPhone, iPod Touch or other Apple-powered Device that you own or control and as permitted by the Usage Rules set forth in the Apple App Stores Terms of Service, available online at -services/itunes/us/terms.html or through such sites and other means made available to you by Apple.
(e) Vendor, not Apple, is responsible for addressing any claims by you or any third party relating to the Solution or your possession and/or use of that Solution, including: (i) product liability claims; (ii) any claim that the Solution fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
13.10.1. Remote Access. Vendor or an Associate, when providing services under the Assurance Plan, as part of Premium Technical Support or in connection with other services, may need to remotely connect to, and take control of, your equipment in order to resolve the issues that you are experiencing. In connection with this remote connection session:
(a) The Associate may need to run various scripts on your equipment, make changes to its configuration, install and uninstall software, and make other changes to the equipment and/or software settings of such equipment as may be necessary to address your issues. You understand that the Associate may, but is not obligated to, install and remove various proprietary or third party software tools where the Associate deems it necessary to assist you with the issues that you are experiencing. Elements of such software are protected by law, including copyright.
(i) May require that you activate it on your Device. If you do not complete the activation process within the period of time requested by the Associate or as prompted by the Assistance Software, the Assistance Software may cease to function until the activation is complete.
13.11.2. Avast Driver Updater relies on manufacturer-provided data in device driver installation files, including release dates, to provide information displayed by the Solution in scan results. MEMBERS OF THE VENDOR GROUP AND VENDOR PARTNERS DO NOT WARRANT OR REPRESENT THAT ANY DEVICE DRIVER PROVIDED BY THE SOLUTION WILL BE THE LATEST, OR ANY PARTICULAR VERSION, OF SUCH DEVICE DRIVER NOTWITHSTANDING ANY DIFFERENT OR CONTRARY INFORMATION PROVIDED BY THE SOLUTION.
13.12.2. You must not, from any Device protected by an Avast Secure Gateway: (i) send spam or otherwise duplicative or unsolicited messages in violation of any applicable laws; (ii) send infringing, obscene, threatening, libelous, or illegal material; (iii) access blocked services in violation of any applicable laws; or (iv) run automated queries to Internet URLs.
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