Security and Data Protection
The Account renders access to services provided by ESET. The user's full name, company name, country, valid email address, phone number, licensing data and statistic are required for registration and use of the Account and for the purpose of provision and maintenance of services accessed via Account. You hereby agree to data being collected and transferred to Provider's servers or those of its partners, the purpose of which is to ensure functionality of and authorization to use the Software and protection of the Provider's rights. Following conclusion of these Terms, the Provider or its partners shall be entitled to transfer, process and store essential data identifying You for support purposes, and for the purpose of performance of these Terms. You are responsible for the security of your Account and credentials required for logging in. ESET shall not be liable for any loss or damage resulting from your failure to comply with this obligation to maintain security. The User is also responsible for any activity related to the use of the Account, authorized or not. If the Account is compromised, you should notify the Provider immediately. You are authorized to use the Account solely for the purposes and manner for which it is intended under these Terms, individual MSP agreements and documentation.
ESET or its respective suppliers own or may exercise copyright to all software available on the Account websites (hereinafter referred to as "Software"). The Software can be used only in accordance with the End User License Agreement (hereinafter referred to as "EULA"). EULA is supplied together with the Software, or comprises part of it. Software supplied with the EULA cannot be installed without the User's consent to the EULA. Other information regarding licensing, copyright, documentation and trademarks are stipulated in the Legal Information.
AS THE USER, YOU HEREBY ACKNOWLEDGE THAT THE ACCOUNT IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NEITHER THE PROVIDER, ITS LICENSORS OR AFFILIATES, NOR THE COPYRIGHT HOLDERS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT ACCOUNT WILL NOT INFRINGE ANY THIRD PARTY'S PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. THE PROVIDER OR ANY OTHER PARTY MAKE NO GUARANTEE THAT THE FUNCTIONS CONTAINED IN ACCOUNT WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF ACCOUNT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE SELECTION AND USE OF ACCOUNT TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE RESULTS OBTAINED FROM IT.
No other obligations. These Terms create no obligations on the part of the Provider and its licensors other than as specifically set forth herein.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PROVIDER, ITS EMPLOYEES OR LICENSORS BE LIABLE FOR ANY LOST PROFITS, REVENUE, SALES, DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION OF BUSINESS, LOSS OF BUSINESS INFORMATION OR FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, COVER, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR OTHER THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE THE ACCOUNT, EVEN IF THE PROVIDER OR ITS LICENSORS OR AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY, BUT MAY ALLOW LIABILITY TO BE LIMITED, IN SUCH CASES THE LIABILITY OF THE PROVIDER, ITS EMPLOYEES OR LICENSORS OR AFFILIATES SHALL BE LIMITED TO THE SUM THAT YOU PAID TO PROVIDER.
Export and Re-export Control
The Account, the software, its components and/or the documentation thereof, shall be subject to import and export controls under legal regulations which may be issued by governments responsible for issue thereof under applicable law, including US Export Administration Regulations, and end-user, end-use and destination restrictions issued by the US Government and other governments. You agree to comply strictly with all applicable import and export regulations and acknowledge that You have the responsibility to obtain all licenses required to export, re-export, transfer or import.
Governing Law and Language
These Terms shall be governed by and construed in accordance with Slovak law. The End User and the Provider agree that conflict provisions of the governing law and United Nations Convention on Contracts for the International Sale of Goods shall not apply. You expressly agree that exclusive jurisdiction for any claim or dispute with the Provider or relating in any way to Your use of the Software resides in District Court Bratislava I, Slovakia and you further agree and expressly consent to the exercise of the personal jurisdiction in the District Court Bratislava I in connection with any such dispute or claim.
In the case of discrepancies between the language versions the Slovak version shall always prevail as the Slovak version is deemed original.
ESET reserves the right to revise these Terms or any portion thereof at any time without prior notice by updating this document to reflect changes to the law or changes to Account. You will be notified about any revision of these Terms by way of Account. If you disagree with the changes to these Terms, you may cancel your Account. Unless you cancel your Account, you are bound by any amendments or revisions of these Terms. You are encouraged to periodically visit this page to review the current Terms that apply to your use of Account.
All notices must be delivered to: ESET, spol. s r. o., Einsteinova 24, 851 01 Bratislava, Slovak Republic.