13. Special terms

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.

13.1. Third Party Software, Services and Other Products. Some Solutions offer you the opportunity to acquire software, services and other products supplied by third parties. You acknowledge that the applicable third party is solely responsible for its offerings and Vendor makes no representations or warranties concerning those offerings and accepts no liability with respect to them, and if you acquire or use any of these third party offerings, the offerings and your use of them will be governed by any license agreements, terms of use, privacy policies and/or other terms and conditions required by the third party.

13.2. Managed Service Provider Licenses. This Section 13.2 applies: (i) to the extent the Applicable Conditions authorize you to use CloudCare, Managed Workplace, Avast Business Services, CCleaner Business Edition, or other Solutions in providing MSP Services to third parties; and (ii) to all licenses to use CCleaner Cloud for Business.

13.2.1. As used in this Section 13.2:

(a) “Avast Business Service” means HD Services and/or NOC Services as the context requires.

(b) “Customer” means a third party to whom you provide or wish to provide MSP Services.

(c) “HD Services” means the helpdesk services Vendor or its third party supplier provides to you for the benefit of one or more Customers, in each case as described in the Documentation as Vendor may modify the same from time to time.

(d) “MSP Services” means the managed service you provide your Customers using the Solutions (including, as applicable, any Avast Business Service).

(e) “NOC Services” means remote Device monitoring and management services Vendor or its third party supplier provides to you for the benefit of one or more Customers, in each case as described in the Documentation as Vendor may modify the same from time to time.

(f) “Service Agreement” means an agreement between you and a Customer that, among other things, clearly describes the services you have agreed to provide the Customer.

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.

13.2.4. You, subject to the terms and conditions of this Agreement, will:

(a) Require that: (i) each Customer (including you, to the extent applicable) receiving a Solution execute or otherwise bind itself to the then-current version of this Agreement; and (ii) each Customer to whom you have agreed to provide Solutions execute or otherwise bind itself to a Service Agreement. Without limiting the foregoing, you may accept the Vendor’s End User License Agreement on the Customer’s behalf only to the extent the Customer has expressly authorized you to do so in the Service Agreement or otherwise. The Service Agreement will: (i) contain provisions at least as protective of Vendor Group’s interests as this Agreement; and (ii) expressly authorize you and Vendor Group to reproduce, transmit, store and process the Customer’s data and information in connection with the operation and performance of any Solution.

(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.

13.3. Browser Cleanup. When you use Browser Clean Up add-on (“BCU”), you authorize BCU to change your existing browser setting to the new browser setting.

13.4. WiFi Finder. WiFi Finder enables its users to assist other users to obtain internet access through sharing of data about WiFi networks. If you opt to share data about WiFi networks with other users, you are solely responsible for ensuring that you are not violating any third party rights relating to such WiFi networks or any data you share. Members of Vendor Group accept no responsibility or liability for your compliance with terms and conditions applicable to the use of any WiFi networks or any data you share.

13.5. Avast Family Space (also sold as Star Guard Family, Vodafone Family Protect and WINDTRE Family Protect).

13.5.1. Avast Family Space, also sold as Star Guard Family, Vodafone Family Protect and WINDTRE Family Protect (“Family Space”) is intended for personal, noncommercial use by parents to protect their children, by legal guardians to protect their wards, or by adults to protect other adults from whom they have received fully informed consent. You must not use Family Space other than as intended, and members of Vendor Group accept no responsibility or liability for any unauthorized or illegal use.

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 familyspacehelp@avast.com.

13.6. Mobile Apps. This Section 13.6 applies to any Solution intended for use on Mobile Devices.

13.6.1. For any Solution downloaded from Google Play (http://play.google.com), 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.

13.6.2. For any Solution downloaded from the Apple App Store, the following terms apply:

(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 http://www.apple.com/legal/internet-services/itunes/us/terms.html or through such sites and other means made available to you by Apple.

(b) This Agreement is concluded solely between the parties, and not with Apple. Vendor, not Apple, is solely responsible for the Solution and the content of such Solution.

(c) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Solution.

(d) If the Solution fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Solution to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Solution, and that, as between you, Vendor and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Vendor’s sole responsibility.

(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.

(f) In the event of any third party claim that the Solution or your possession and use of that Solution infringes that third party’s intellectual property rights, Vendor, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

(g) You must comply with any applicable third party terms when using the Solution. For example, for a VOIP Solution, you must not violate your wireless data service agreement when using the Solution.

(h) Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement and, on your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary.

13.6.3. For Solutions downloaded from the Amazon Appstore, Amazon may designate certain customer terms of use for the Amazon Appstore as “Default EULA Terms”. Those Default EULA Terms will apply to your use of Solutions you purchase through the Amazon Appstore. The Default EULA Terms will specify, among other things, that Vendor is the licensor of the Solution and Amazon is not a party to this Agreement. If there are any conflicts between the Default EULA Terms and this Agreement, then to the extent of such conflict the Default EULA Terms will govern and take precedence. Amazon does not have any responsibility or liability related to compliance or non-compliance by Vendor or you with the Default EULA Terms.

13.7. Technician Edition. This Section 13.7 applies to the extent you have purchased the Technician Edition of a Solution. You may permit the number of technicians specified by the Applicable Conditions to use the Solution to perform optimization services and repairs to Devices owned by you (if you purchased an enterprise subscription) or third parties (if you purchased a breakfix subscription). Each technician may install the Solution on only one Device at any given time, and must remove the Solution from the Device before returning control of the Device to the user.

13.8. Assurance Plan. This Section 13.8 applies to Assurance Plans.

13.8.1. “Assurance Plan” means a service under which Vendor’s technician (an “Associate”), in exchange for a separate subscription fee, will assist you to remove viruses or other Malicious Code that infects your protected Device during the Subscription Period. Assurance Plans are sold together with certain Vendor antivirus Solutions or other security Solutions (each, a “Security Solution”), and supplement the protections offered by the Security Solution.

13.8.2. If you request Vendor’s assistance under the Assurance Plan, and if you and your Device qualify for assistance under Section 13.8.3, Vendor will use commercially reasonable efforts to assist you to remove the viruses or other Malicious Code affecting your Device. You hereby acknowledge, accept and agree that Vendor’s efforts may not be enough to remove certain viruses or other Malicious Code from your Device, and that Vendor, in the course of providing service, may alter, delete or corrupt data on your Device, change Device settings, or otherwise interfere with the proper operation of your Device.

13.8.3. The Assurance Plan covers: (i) only the Device for which you purchased the related Security Solution, and may not be transferred to another Device; and (ii) only viruses and other Malicious Code infecting the Device during the Subscription Period, after you downloaded and installed the Security Solution on the Device, and while the Security Solution was running with up-to-date Malicious Code definitions. Vendor may terminate the Assurance Plan without notice if it determines in its sole business judgment that you have requested or received service under the Assurance Plan for a Device not covered by the Assurance Plan, transferred or attempted to transfer the Assurance Plan to another person or entity, or otherwise breached the terms of the Assurance Plan.

13.8.4. Vendor, in providing assistance under the Assurance Plan, may require remote access to your Device, and/or may require that you install Assistance Software, in which case you acknowledge and agree that that Section 13.10 applies. If you cannot or do not provide remote access to your Device and/or you cannot or do not download and install the Assistance Software on the Device or follow Vendor’s or Associate’s other instructions, or if Vendor determines your Device does not qualify for support under the Assurance Plan, Vendor will not provide service under the Assurance Plan. Vendor may (but is not required to) refer you to a service under which Vendor or its subcontractor, for a fee, will provide assistance.

(To be continued)