Seqrite Endpoint Security End-User License Agreement

IMPORTANT

PLEASE READ THIS SEQRITE ENDPOINT SECURITY END-USER LICENSE AGREEMENT            
(HEREINAFTER REFERRED TO AS THE “AGREEMENT”) CAREFULLY BEFORE USING 
OR TRYING TO ATTEMPT TO USE THIS SEQRITE ENDPOINT SECURITY  SOFTWARE 
(HEREINAFTER REFERRED TO AS THE “SOFTWARE”).

BY USING THIS SOFTWARE OR BY ACCEPTING OUR SOFTWARE USAGE AGREEMENT 
POLICY OR ATTEMPTING TO LOAD THE SOFTWARE IN ANY WAY, (SUCH ACTION 
WILL CONSTITUTE A SYMBOL OF YOUR CONSENT AND SIGNATURE), YOU 
ACKNOWLEDGE AND ADMIT THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO 
ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. THIS AGREEMENT ONCE 
ACCEPTED BY “YOU” [ AS AN INDIVIDUAL (ASSUMING YOU ARE ABOVE 18 YEARS 
AND/OR HAVING LEGAL CAPACITY TO ENTER INTO AN AGREEMENT), OR THE 
COMPANY OR ANY LEGAL ENTITY THAT WILL BE USING THE SOFTWARE 
(HEREINAFTER REFERRED TO AS 'YOU' OR 'YOUR' FOR THE SAKE OF BREVITY)] 
SHALL BE A LEGALLY ENFORCEABLE AGREEMENT BETWEEN YOU AND Quick Heal
TECHNOLOGIES LIMITED (Formerly Known as Quick Heal Technologies Pvt. 
Ltd.), PUNE, INDIA (HEREINAFTER REFERRED TO AS “SEQRITE”) AND YOU 
SHALL HAVE THE RIGHTS TO USE THE SOFTWARE FOR YOUR OWN USE AND 
SUBJECT TO THE TERMS AND CONDITIONS MENTIONED IN THIS AGREEMENT 
OR AS AMENDED BY SEQRITE FROM TIME TO TIME. IF YOU DO NOT AGREE 
TO ALL THE TERMS AND CONDITIONS BELOW, DO NOT USE THIS SOFTWARE 
IN ANY WAY AND PROMPTLY RETURN IT OR DELETE ALL THE COPIES OF THIS 
SOFTWARE IN YOUR POSSESSION.

In consideration of payment of the License Fee, which is a part of 
the price, evidenced by the Receipt, Seqrite grants the Licensee, 
a non-exclusive and non-transferable right for your own use only. 
Seqrite reserves all rights not expressly granted, and retains the 
Intellectual Property Rights, Proprietary Rights, title and ownership 
of the software, including all subsequent copies in any media. This 
software and the accompanying written materials are the property of 
Seqrite and are copyrighted. Copying of the software or the written 
material is expressly forbidden.

1. DEFINITIONS
A. "Distributors” means the authorized distributors, sub-distributors 
   of Seqrite, selling Seqrite range of products, including sales 
   through Internet.
B. “License period” means the period as more particularly described 
   in this Agreement.
C. “Device” means the personal digital assistants, smartphones, 
   handheld devices, or other electronic devices for which the 
   software is specifically designed (for such system requirements as 
   particularly described in the user manual or http://www.seqrite.com) 
   where the software will be installed and/or used.
D. “Normal working hours” shall mean 09:30 a.m. to 6:30 p.m. India 
   Standard Time (IST) on Working Days and "Working Days" means Mondays 
   to Fridays inclusive, but excluding bank and public holidays in 
   India.
E. “Support” means the Technical Assistance in order to use the 
   software, provided by Seqrite, which may or may not be chargeable 
   to you. For more details, please    refer to http://www.seqrite.com. 
F. “Updates” means collections of any or all among virus definition 
   files including detections and solutions for new viruses along with 
   the corrections, improvements or modifications to the software.
G. “Upgrades” means any correction, improvement, modification or yearly 
   enhancements in the form of the new version of the software which 
   Seqrite generally releases once a year.
H. “User Manual” means the user guide, Help guide, and other 
   documentation provided with the software, updated agreements provided 
   on the website of Seqrite (http://www.seqrite.com), explanatory or 
   other materials as provided from time to time by Seqrite.
I. “You” means the “End User” which means:
   i. An individual (such an individual) installing/using/legally 
      acquiring the right to use this software on his/her own behalf 
      and every other person (whether authorized or not by such an 
      individual) who uses/has the possession of the device on which 
      the software is installed and activated; or
   ii.An organization (including but not limited to a partnership, 
      joint venture, Limited Liability partnership, Limited Liability 
      Company, Company of any nature, Trust, Governmental Authority, 
      Unincorporated Organization, Association of Persons) or any person 
      (such person) who have been authorized by such an Organization 
      to install, download, use the software, accept the Agreement on 
      behalf of the Organization and every other person (whether 
      authorized or not by such person) who uses/has the possession 
      of the Device on which the software is installed and activated.

2. DO's & DON'Ts
   Subject to terms and conditions mentioned in respective Open Source 
   Software License,
2.1 You can:
A. make copy of the software for backup purpose or for the purpose 
   of sharing through various means (and such backup copy must be 
   destroyed when you lose the right to use the software or is 
   terminated for any other reason according to the legislation 
   in force in the country of your principal residence or in the 
   country where You are using the software) and replace lost, 
   destroyed, or becomes unusable.
B. use one copy of the software on a single computer. In case of 
   multiuser pack, use the software only on the said number of 
   systems as permitted. 
C. install the software on a network, provided you have a licensed 
   copy of the software for each computer that can access the 
   software over that network.
2.2 You cannot:
A. emulate, or adapt any portion of the software.
B. sublicense, rent or lease any portion of the software.
C. try making an attempt to reveal/discover the source code of the 
   software.
D. debug, decompile, disassemble, modify, translate, reverse engineer 
   the software.
E. create derivative works based on the software or any portion 
   thereof with sole exception of a non-waivable right granted to 
   You by any applicable legislation.
F. remove or alter any copyright notices or other proprietary notices 
   or statutory notices on any copies of the software.
G. reduce any part of the software to human readable form.
H. use the software in the creation of data or software used for 
   detection, blocking or treating threats described in the user 
   manual.
I. use for unlicensed and illegal purpose.

3. ACTIVATION
A. Seqrite warns you that in the process of installation of the  
   software, the other security products/software installed on 
   your computer may uninstall or be disabled if the same are 
   not compatible with the Seqrite software. Seqrite expressly 
   disclaims any loss of data, loss of profits during such 
   installation. If you modify your device or make alterations/
   modifications to other vendors’ software installed on it, 
   you may be required to repeat activation of the software or 
   installation of license key file or in case contact Seqrite 
   support. Seqrite reserves the right to verify the validity/
   legality of the license and software.
B. The license rights granted under this Agreement are limited 
   for the first twenty (20) days after you first install the 
   product unless you supply registration information required 
   to activate your licensed copy as described in Activation 
   Wizard of the Product. 
C. You can activate the product through the Internet or telephone; 
   toll charges may apply. You may also need to reactivate the 
   product if you happen to re-install the product due to any 
   reasons. There are technological measures in this product that 
   are designed to prevent unlicensed or illegal use of the 
   product. You agree that we may use those measures. You agree 
   that the Seqrite software may use the measures that can control 
   and prevent piracy of software.    As a registered user, you 
   are entitled to receive free (i.e. free of cost) virus database 
   updates and free (i.e. free of cost) version upgrade (whenever 
   Seqrite releases new version upgrade) during the license period, 
   subject to the terms and conditions mentioned herein.
D. As the only warranty under this Agreement, and in the absence of 
   accident, abuse or misapplication, Seqrite warrants, to the 
   original Licensee only, that the disk(s) on which the software 
   is recorded is free from defects in the materials and workmanship 
   under normal use and service for a period of thirty (30) days 
   from the date of payment as evidenced by a copy of the Receipt. 
   Seqrite's only obligation under this Agreement is, at Seqrite's 
   option, to either (a) return payment as evidenced by a copy of 
   the Receipt or (b) replace the disk that does not meet Seqrite's 
   limited warranty and which is returned to Seqrite with the copy 
   of the receipt. Other than expressly provided in this clause, 
   Seqrite shall not assume any warrantee regarding the performance 
   of software and shall entertain no claim regarding the same. 

4. THIRD PARTY WEBSITE LINKS
   At certain point(s) the software product may include links to 
   third-party sites; you may link to such third-party websites 
   as the user of this software. The third-party sites are not 
   under the control of Seqrite and Seqrite is not responsible 
   for the content of any third-party website and/or any links 
   contained in the third-party websites. Seqrite is providing 
   these links to the third-party websites to you only for your 
   convenience and Seqrite is not responsible for any kind of 
   loss/damage arising out of it.

   This Software may include some software programs that are licensed 
   (or sublicensed) to the user under the BSD License, GNU General 
   Public License (GPL) Oval, Zlib, or other similar free 
   software licenses which, among other rights, permit the user to 
   copy, modify and redistribute certain programs, or portions thereof, 
   and have access to the source code (“Open Source Software”). 
   Seqrite reserves the right to use or opt for any version of any 
   Open Source Software either for providing update or otherwise. 
   If any open source software licenses require that for any software, 
   Which is distributed to someone in an executable binary format, that 
   the source code also be made available to those users, then the source 
   code should be made available by sending the request to 
   ‘tpsrc@quickheal.com’ or the source code may be supplied with the 
   Software if applicable. If any Open Source Software licenses require 
   that the Right holder provide rights to use, copy or modify an 
   Open Source Software program that are broader than the rights granted 
   in this Agreement, then such rights shall take precedence over the 
   rights and restrictions herein.

5. LICENSE PERIOD
A. You are entitled to use this software from the date of license 
   activation until the expiry date of the license.
B. You understand, agree and accept that you are entitled for the 
   updates and technical support via the Internet and telephone. Any 
   use of the software for any other purposes except permitted for, 
   is strictly forbidden and prohibited and Seqrite reserves to take 
   any action against such unauthorized usage.
C. You agree, understand that any unauthorized usage of the software 
   or breach of any / all terms and conditions stated herein the 
   Agreement shall result in automatic and immediate termination of 
   this Agreement and the License granted hereunder and which may 
   result in criminal and / or civil action by Seqrite and/or its 
   agents against you including but not limited to right to block 
   the key file / License key / product key and without any refund 
   to You and without any prior intimation/notice to you in this regard.
D. If you have acquired the specific language localization of the 
   software, you will not be able to activate the software by applying 
   the activation code of other language localization.
E. Seqrite does not guarantee the protection from the threats more 
   particularly described in the user manual after the License to use 
   the software is terminated for any reason.

6. FEATURES OF SOFTWARE
A. During the license period of the software, You have the right to 
   use features of software.
B. During the license Period of the Software, You have the right to 
   receive free updates of the software via Internet as and when 
   Seqrite publishes the updated virus- database. and free version 
   upgrade as and when Seqrite releases new version upgrade. You 
   agree, understand and accept that You will be required to 
   regularly download the updates published by Seqrite. Any and 
   all updates/upgrades you receive from Seqrite shall be governed 
   by this Agreement, or as amended from time to time by Seqrite.
C. You agree, accept and acknowledge:
I. that You are solely responsible for the configuration of the 
   software settings and the results, actions, inactions initiated 
   due to the same and Seqrite shall not have and shall assume no 
   liability / responsibility in any case  and the Clause of 
   Indemnification shall be applicable.
II. that Seqrite shall not have and shall assume no liability / 
   responsibility for any data deletion, including but not limited to 
   any deletion / loss of personal, and/or confidential data; and/or 
   uninstallation of third-party apps; and/or change in settings; 
   specifically authorized by You or occurs due to the actions, inactions 
   (whether intentional or not) by You or any third party whom You have 
   authorized to use, handle your Device due to features of software.
III. that to avail / use certain features of the software, you may be 
   required to incur certain cost and that Seqrite does not warrant 
   that the usage of certain features of the software are free of cost 
   and that Seqrite shall not entertain and expressly disclaims, any 
   claim for reimbursement of any expenses including but not limited to 
   any direct or incidental expenses arising out of Your usage of such 
   features of the software.
IV. that you be solely responsible and shall comply all applicable laws, 
   regulations of India and any applicable foreign / trans-national laws 
   including without limitation, privacy, data protection, obscenity, 
   confidentiality, copyright laws for using any report, data, information 
   derived as a result of using the software.
V. that while using the software, Seqrite suggests some actions to be 
   initiated by You in your sole benefit, for example “Seqrite software 
   may suggest You to uninstall infected applications”, however such 
   actions are suggestive and Seqrite takes no responsibility / liability 
   if you perform such suggestive actions or not and Seqrite assumes no 
   responsibility/liability for any result or liability arising out of such 
   actions / inactions.

7. SUPPORT
   Seqrite offers support features during usage of this software i.e., 
   Live Chat with technical support team and/ or the technical support 
   team may, at your discretion, take remote access. The availing of this 
   support will be solely at your discretion and you are solely responsible 
   to take backup of the existing data/software/programs in your device 
   before availing such a support and you are liable to bear all the
   direct, indirect and consequential cost associated to it. Seqrite will 
   not be held responsible for any loss of data, any kind of direct/ 
   indirect/consequential loss or damage to data/ property arising 
   during this entire process. If at any point of time the Technical 
   Support team is of the opinion that it is beyond their scope, it 
   will be the sole discretion of Seqrite to suspend, cease, terminate 
   or refuse such support as Seqrite does not claim any warranty and/or 
   guarantee of any kind in providing the support feature.

8. EMAIL/ELECTRONIC COMMUNICATION
   Once you register the software by activating the software, Seqrite may 
   communicate with you on the contact information submitted during the 
   registration process through email or any other electronic communication 
   device. The communication can be for the purpose of product renewal or 
   product verification for your convenience.

9. SEQRITE STATUS UPDATE
   Seqrite may at its sole discretion, provide updates to the software 
   for the said license period only. Upon every update of licensed copy 
   during the said period, Seqrite Update module will send current product 
   status information to Seqrite Internet Center. The information that 
   will be sent to the Internet Center includes the Seqrite protection 
   health status like, which monitoring service is in what state in the 
   system. The information collected does not contain any files or 
   personal data. The information will be used to provide quick and 
   better technical support for legitimate customers. Seqrite reserves 
   the right to opt for use of any updated version/license of any open 
   source software for the purposes of providing updates. 

   All the registered users will get the updates free of cost from the 
   date of license activation until the expiry date of the license.

10.COLLECTION OF INFORMATION
   Seqrite software may collect the following information which may/may 
   not contain any personally identifiable information either with or 
   without your discretion/permission solely for statistical purpose 
   or enhancing and evaluating the ability, effectiveness and performance 
   of Seqrite's product in identifying and/or detecting the malicious 
   behavioral pattern, inherently fraudulent websites and other Internet 
   security threats/ risks. Password entered by the end users during 
   registration is not stored at Seqrite server. This information will 
   not be correlated with any personally identifiable information except 
   as herein stated and shall include, but not limited to:

A. Any type of Executable files which the software may identify having 
   a potentially malware behavioral pattern.
B. Any type of information relating to the status of the software that 
   whether there occurred any error while installing the software or 
   the installation was successful.
C. Any type of URLs of websites visited that the software deems inherently 
   and potentially fraudulent.
D. Any type of information that software deems potentially fraudulent, 
   posing security risks/ threats.
E. Any type of information for identifying the Media Access Control (MAC) 
   address of the computer on which the software has been installed.
F. Any type of information for identifying the Internet Protocol (IP) 
   Address and information required for effective license administration 
   and enhancing product functionality and usability.
G. You admit that the information/data as collected above can be used for 
   analyzing, preventing and detecting the potential Internet security 
   risks, publishing any type of data/ reports/ presentations on the 
   trends collected, sharing the data to create awareness with any 
   organizations, vendors.

11. INDEMNIFICATION
I. You expressly understand, admit, agree  and warrant that in no event 
   shall Seqrite and/or any of its directors, employees, agents, partners, 
   distributors be liable from any and against all claims, expenses, 
   suits, costs, demands, judgments whatsoever made by you and/or any 
   third party for any direct, indirect, incidental, special, punitive, 
   consequential and/or exemplary damages including, but not limited to 
   damages for loss of business/profits, damages for loss of confidential/
   other information, failure to meet any statutory duty/duty of reasonable 
   care/duty in good faith, economic/notional loss, loss for business 
   interruption, goodwill, damage and loss of data or programs, or other 
   intangible losses (even if Seqrite has been advised of the possibility 
   of such damages), to the fullest extent permissible by law:
a. arising due to your usage of software;
b. your negligence or inability of using the software or support;
c. any dispute between you and third party with respect to availing the 
   software;
d. your violation of any rights of any other individual and/or entity;
e. your breach of the Agreement;
f. your violation of any provisions under any Laws / statutes /Acts in 
   India or 
   abroad;
g. the failure of Seqrite to provide support service or any other service/ 
   information. 
II.This limitation will apply to all causes of action whether arise in 
   equity or tort, including but not limited to breach of contract, 
   breach of warranty, negligence, strict liability, misrepresentations 
   and hereby release Seqrite and/or its directors, employees, agents, 
   distributors from any and all obligations, liabilities in excess of 
   the limitation stated herein.
III. In the event, Seqrite and/or its directors, agents, employees, 
   distributors are found liable, You understand and accept that the 
   liability of Seqrite and/or its directors, agents, employees, 
   distributors shall be limited only upto and not exceed in any 
   case the License Fee incurred by You in acquiring the software 
   from Seqrite or its distributors/agents. This Clause shall 
   survive the termination of this Agreement.

12. LIMITED WARRANTY AND DISCLAIMERS
A. The software provided by Seqrite is “AS IS” and “AS AVAILABLE” without 
   warranty of any kind, expressed or implied, including but not limited 
   to the implied warranties of merchantability, fitness, usage, 
   performance, satisfactory quality, integration, applicability for a 
   particular use and any other warranties are disclaimed to the fullest 
   extent permissible pursuant to the applicable law.
B. Seqrite does not warrant, make any representations that the software 
   will work uninterrupted, timely, secure or error-free or shall meet any 
   or all your requirements whether disclosed to Seqrite or any of its 
   directors, agents, distributors and employees. The entire risks, faults 
   as to performance of the software, the responsibility for selecting the 
   software to achieve your intended results, the results obtained from 
   the software shall be assumed by You.
C. You understand and accept that the software will substantially perform 
   according to the specifications, descriptions stated in the user manual, 
   as updated from time to time, subject to the following and Seqrite 
   expressly disclaims any and all liabilities arising from the following 
   circumstances:
I. incompatibility caused by any software and/or hardware components 
   installed on your Device;
II.any actions initiated by You or by third parties which were beyond the 
   control of Seqrite;
III. any failures, malfunctions, defects resulting from abuse, improper  
   installation, theft, misuse, accident, operation or maintenance, 
   acts of God, alteration, power failures, casualty, repairs made 
   by any other party than Seqrite, alterations, neglect, 
   non-permitted modifications, acts of terrorism, vandalism;
IV.the deficiencies, defects in Your device and related infringements;
V. Your violations of the terms and conditions described in the user manual 
   or in this Agreement.

13. INTELLECTUAL PROPERTY
    The software, source code, activation code, license keys, 
    documentation, systems, ideas, information, content, design and other 
    matters related to the software, trademarks are the sole proprietary 
    and intellectual property rights of Seqrite protected under the 
    Intellectual Property Laws and belongs to Seqrite. Subject to certain 
    terms mentioned in respective open source license where used by 
    Seqrite, nothing contained in this Agreement grants You or is 
    intended to grant You any rights, title, interest to intellectual 
    property, including without limitation any error corrections, 
    enhancements, updates or modifications to the software whether 
    made by Seqrite or any third party. You understand and acknowledge 
    that you are provided with a license to use the software subject 
    to the terms and conditions of this Agreement.

14. GENERAL
A. Force Majeure. Seqrite will not be liable for any delay or failure to 
   fulfill its obligations hereunder that results from an act of God, war, 
   civil disturbance, government policies, or other cause/s beyond its 
   control. Provided that Seqrite shall endeavor to complete the task 
   within a reasonable period after happening of any event as covered 
   under such force majeure.
B. Legal Jurisdiction. This agreement and any matter relating thereto 
   shall be subject only to jurisdiction of Courts at Pune, India and 
   shall be interpreted as per the terms of the law/s for the time being 
   in force in India. Any dispute which may arise out of this Agreement, 
   breach of terms and conditions under this Agreement, shall be settled 
   by direct negotiations between You and Seqrite. In the case of failure 
   to resolve the dispute in the manner set out above within 30 days from 
   the date when the dispute arose, the dispute shall be referred to a 
   arbitrators appointed by Seqrite. The venue of arbitration shall be 
   Pune. The arbitration proceedings shall be governed by the Arbitration 
   and Conciliation Act, 1996 and Indian Laws and shall be conducted in 
   the English language. The arbitrators shall also decide on the costs 
   of the arbitration proceedings. To the extent possible, after the 
   commencement of any arbitral proceedings the Parties shall continue 
   to perform their respective obligations under this Agreement. The 
   provisions of this Clause shall survive termination of this Agreement. 
   Subject to the provisions of this Clause, the Courts in Pune, India 
   shall have exclusive jurisdiction and the parties may pursue any 
   remedy available to them at law or equity.
C. Complete Agreement. This Agreement comprises the entire agreement 
   between the parties regarding the subject matter, and supersedes any 
   proposals, communications or advertising, oral or written, with respect 
   to the software or subject matter of this Agreement. You shall be bound 
   by any and all clauses of the Agreement updated and displayed on the 
   website of Seqrite http://www.seqrite.com/eula from time to time and 
   the Agreement displayed on the website (from time to time) will be the 
   finally concluded and binding Agreement between You and Seqrite for all 
   legal purposes which includes Your each activation, re-activation and 
   renewal of this software. In case of any dispute/queries arising out 
   of any translated versions of this Agreement, Seqrite hereby expressly 
   specifies and confirms that the English version as displayed on the 
   website will be final for interpretation and the terms used, meaning 
   conveyed in the English version will be authoritative and binding. 
   Any waiver by either party of any violation of any provision of this 
   Agreement by the other party will not be deemed to waive any other 
   violation of the same or any other provision.
D. Severability. If any of the provisions contained in this Agreement is 
   found by a court of competent jurisdiction to be invalid, illegal or 
   unenforceable in any respect, the validity, legality or enforceability 
   of the remaining provisions contained herein shall not be in any way 
   affected or impaired thereby 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.
E. Survival. The Clauses in this Agreement including not limited to rights 
   to License Fees, “Indemnification”, “Limited Warranties & Disclaimers” 
   and “Intellectual Property” shall survive expiration or termination of 
   this Agreement.
F. Subject to certain terms mentioned in respective open source license 
   where used by Seqrite, You cannot assign your rights or delegate duties 
   or obligations under this Agreement. The failure to exercise or delay 
   in exercising a right or remedy by Seqrite under this Agreement shall 
   not constitute a waiver of the right or remedy or a waiver of any prior, 
   concurrent or subsequent right or remedy.
G. The Section numbers and headings are included merely for the convenience 
   of the parties and are not to be construed in interpreting this 
   Agreement.
H. Seqrite reserves right to amend this End User License Agreement from 
   time to time and will keep updated on its website 
   http://www.seqrite.com/eula and it would be binding on end user. 
   This is an essence of the Agreement and use of software. Seqrite 
   reserves the right to co-operate with any legal process and may 
   provide documents, information related to your usage of the 
   Software and your general usage of the Device.

ALL MATTERS ARE SUBJECT TO PUNE (INDIA) JURISDICTION