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Surfpatrol Service End User License Agreement
1. General Provisions
1.1. This License Agreement (hereinafter referred to as "the Agreement") represents an agreement between the Internet user (hereinafter referred to as "the User") and Closed Joint Stock Company “Positive Technologies” (hereinafter referred to as "the Rightholder") with regards to the Sufpatrol service (hereinafter referred to as "the Service").
1.2. The usage of the Service is allowed under this Agreement’s conditions. By using the Service, the User agrees to adhere to the conditions of this Agreement. If the User does not fully accept the License Agreement by any reason, the User may not use the Service for any purpose.
1.3. The Russian Federation legislation is applicable to this Agreement and relationships between the Rightholder and the User that occur due to the usage of the Service. Unless otherwise expressly specified, legislation in this Agreement means the Russian Federation legislation.
2. Legal Usage
2.1. The User hereby agrees to use the Service for private non-commercial purposes in direct application, namely, for express assessment of computer security based on data about a browser and its add-ons.
2.2. By registering on the Service, getting informer code, placing it on the User’s site or taking any other Service feature, the User fully and unconditionally agrees with the terms of this Agreement and guarantees to follow them or to stop using the Service and delete the appropriate code from the User’s site.
2.3. By using the Service, the User guarantees to follow the terms of this Agreement and the current legislation on the protection of personal and other data access to which is restricted according to the legislation and which could be recorded when using the Service.
2.4. In case the User uses the Service, the User shall not:
• delete or modify links to the Service resources included into the counter’s code;
• use automatic tolls (robots etc.) to access the Service;
• install informer’s codes on sites the content of which contradicts the current Russian Federation legislation;
• change or modify in any way informer's source code received via the Service.
2.5. The User is independently charged for the safety of his/her login and password and does not have a right to give it to third party. All operations performed on the Service using the User’s login and password are considered to be performed by the User.
2.6. The User understands and agrees that the informer installed on the User’s site collects anonymous information on visitors' web browsers and automatically sends it to the Service for integrated statistics available via the Service for further usage.
2.7. The User has no rights to use the Service for fraudulent or other illegal purposes.
2.8. The User is independently charged for his/her actions in Service usage towards third parties, including law violations and violations of rights and legitimate interests of third parties. The User is independently responsible and agrees to resolve at his/her own expense all claims of third parties related to the User’s actions in the usage of the Service.
3. Information collecting and usage
3.1. The Service does not require User registration or providing of any personal data. The Service collects the following data about a computer to make an express assessment:
• name and precise version of the browser used to view a web page with the Service banner;
• names, descriptions and precise versions of add-ons of the browser;
• cookie values used to identify the computer.
3.2. In some cases, web browser should be run to detect its add-ons versions, and this may cause browser denial of service. The Rightholder guarantees to take reasonable efforts to detect and eliminate such situations.
3.3. The collected data about the browser and its add-ons is used for search for vulnerabilities in the Rightholder knowledge base. Cookie values are created in the first view of a web page with the Service informer and used to identify the computer in later attempts to view the pages with the Service informer.
3.4. HTML and browser regular capability is used for data collecting. The Service does not install any software on the scanning computer and does not modify its configuration.
3.5. The data collected in express scanning is stored depersonalized and is used for statistics. The method of depersonalizing fully rules out the possibility of computer identification based on the stored information only. The Rightholder reserves the right to publish the results of statistical researches.
3.6. The data collected in express scanning could be used for the User technical support in case the User sends a request via the site form.
3.7. Under no circumstances, the Company collects and processes any data that could be considered to be the personal data of the User.
3.8. The User is hereby informed and agrees that the Rightholder does not know and is unable to know what information contains in the data received by the Service from the User’s browser, and the Rightholder is unable to detect whether any personal or other data with limitations to receiving, processing and distributing (hereinafter referred to as "the Protected Information"), are included into this information, or not. The Service operates as fully automatic software, does not analyse the content and its meanings of the received information, and store the information fully regardless of its content.
4.1. The Rightholder of the Service is Closed Joint Stock Company “Positive Technologies”.
4.2. All rights (including the right for the content available as a result of the Service usage) are the property of the appropriate rightholder and are protected by the current intellectual property law of the Russian Federation.
4.3. The Service includes the software of the third parties. Such software is not a subject of intellectual property rights or other rights of the User or of the Rightholder. This third parties software can be used as a part of the Service provided that all conditions of the appropriate third parties licenses are followed. By accepting the terms of this Agreement, the User therefore accepts the conditions specified in the licenses to the third parties software. The conditions of the appropriate licenses are published at the following address:
4.4. All rights that are not directly and explicitly granted by this Agreement shall remain with the rightholders.
4.5. The User may not remove and/or change the Rightholder and third parties copyright information.
5. Limited Warranty
5.1. The Service is provided "as is". The Rightholder gives no warranties of uninterrupted or error-free operation of the Service, and that the Service meets the User requirements or expectations, and gives no warranties of the accuracy of data received with the Service.
5.2. The Rightholder guarantees that the Service implements all the main functions, and assumes obligations to eliminate problems that occur due to incorrect functionality within term and at the expense which the Rightholder considers to be necessary.
5.3. Notwithstanding the conditions of the third parties licenses, the Rightholder gives no warranties that the Service is error-free. The Rightholder is not liable for direct or indirect damages resulting from the potential errors in the Service, as well as for the damages that might result from using or impossibility to use the Service.
6.1. The User shall be liable for any breach of the terms of this Agreement, and also of the illegal usage of the Service considering the current Russian Federation legislation.
6.2. The Rightholder reverses the right to terminate or hold up the User’s access to the Service without giving any reason in case of any breach of the conditions of this Agreement.
7. Other Provisions
7.1. The Rightholder reserves the right to modify the text of this Agreement and/or any other conditions of Service usage at any time. The new version of the Agreement comes into effect upon being published on the website http://www.surfpatrol.ru/terms.
7.2. Should the User have any questions regarding the permitted use of the Service, the User should use the feedback form at http://www.surfpatrol.ru/help.
Positive Technologies CJSС
107241, Moscow, 23A, Schelkovskoe shosse
Tel.: +7 (495) 616 744 0144
Fax: +7 (495) 616 744 0187